Legal Question in Family Law in Minnesota
community property
if you own a home in Minnesota, and then get married, if the marriage dissolves can the spouse claim any part of the home?
Asked on 5/24/09, 3:49 pm
1 Answer from Attorneys
Maury Beaulier612.240.8005
Minnesota Lawyers
Re: community property
In a divorce, any property is presumed marital unless you can demonstrate it has a non-marital characteristic. Premarital value would be considered non-marital. However, it is up to the person claiming the non-marital value to prove it with documentation. Real estate may also gain a marital value even when ownd premarital if improvements are carried out to the home with marital funds or the asset is preserved through marital funds (paying mortgage during marriage).
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Answered on 5/25/09, 10:50 am