Legal Question in Family Law in Minnesota
Hello,
My husband bought a house in May 2010, but at that time we weren't married yet. Just a month ago (november), we got married. My question is the property belonging to my husband or both of us if we get in a divorce? When I called the title company, they said my name is not on the title, document, or deed. However, I have the marital interest. If we get in a divorce, will the property be divided equally to us or just to my husband? (I live in Minnesota. I'm not sure about the MN's law.) On the closing date, my husband was the one who signed all the documents. I read some were online they said that they the court will calculate the non-marital interest and the marital interest separately. Well, I actually helped with the downpayment and split mortgage payment since he bought it. Please adivse. Thanks!
1 Answer from Attorneys
There is an argument that your spouse is entitled to the equity that accrued from the date of purchase to the date of marriage, absent some agreement to share the equity. Your argument would be that the parties purchased the home together with an intent to share the equity as evidenced by the downpayment. Any equity that accrues since the date of marriage is marital.
For Minnesota issues visit divorceprofessionals.com or call 612.240.8005.
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