Legal Question in Family Law in Minnesota

1) my husband believes that if he leaves the homestead, it will put him at a legal disadvantage during divorce proceedings in terms of custody rights. Is this correct? And will I be put at the same disadvantage should I choose to move out before divorce papers have been filed?

Yes. Generally that is correct. The home is often considered the point of stability for children where they were raise,d, where they have friends and in the school district they attend. Leaving that home can have a detrimental impact.

2) Ideally, I would like one of us to buy the other one out of their share of the mortgage. Does the house have to sell to a third party before the new sole owner needs to pay out the equity owed the person being bought out?

No. The court has many options when real estate is involved. It may award the home to one party or another and it may order equity paid out of other existing assets or have the mortgage refinanced to pay out that equity. That does not always have to occur immediiately and may occur over time.

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I agree with Mr. Beaulier's response to both questions; however, even if a parent has moved out of the household that does not mean that parent will not receive sole physical custody of the children. There are 13 best interest factors that the court is to consider and stability is one of the 13. If a parent moves out of the household, then that parent might not be able to show the stability of the other parent. Regarding the house, there are various ways that the equity of the house can be addressed. For instance, if there are other assets then the equity of the house could be offset by other assets.

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