Legal Question in Family Law in Minnesota

Re: Divorce

A court may divide assets and debts equitably. That does not mean equally. Instead, it means fairly. The presumption under law is for an equal division of thoe debts incurred during the marriage. Any party who wishes to seek a departure from that presumption bears the burden of proof.

What all of that means is that your spouse would bear the burden of proving that the debts incurred before mariage were incurred with the intent to share those debts and that they were incurred for the fanmily benefit.

In the end, it may depend on how well your spouse can support her/his argument.

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