Legal Question in Family Law in Minnesota

When do the joint assets and debts stop becoming joint in Minnesota?

I am trying to figure out a balance sheet and need to know when the debts stop becoming joint debts because I paid $2500 dollars on a credit card between the day I was asked to leave the marital home and the day I was handed divorce papers.

I was asked to leave the home on May 29 2010 and received divorce papers on July 21 2010.

So do I use the credit card debt figures from May or July 2010?

The $2500 difference sure would help me pay on for my legal help.

My lawyer seems to avoid this question when i ask her...


Asked on 10/06/11, 9:31 pm

1 Answer from Attorneys

Heidi Swisher Joslin & Moore Law Offices

According to Minn. Stat. 518.58, subd. 1 the court shall value marital assets for purposes of division as of the prehearing settlement conference unless a different date is agreed upon or the court decides another date is fair and equitable. Your attorney might be avoiding the question because there is no clear cut answer. Parties can negotiate different dates for the division of debt: the date of separation, the prehearing date, the date the parties mediate, etc. Most of the time you have to provide verification of your debt and then the parties' negotiate how to divide it. Which figures are used in your case will likely depend upon the negotiations but if your divorce goes to trial, the court might use the prehearing date.

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Answered on 10/07/11, 7:54 am


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