Legal Question in Family Law in Minnesota

Re: Keeping house in divorce

Theoretically, your spouse will have an equal right to the equity in the home, except to the extent that you paid non-marital funds to acquire it or upgrade it. The Court presumes that you have an equal investment in all of the property you acquire during the marriage, no matter how much you each contributed to a particular asset.

For example, while he may have paid only 30% of the house payment,he may have paid for all of your food. Or, in a more classic example, a housewife who has never worked outside the home is entitled to half the equity in the home, despite the fact tha she never contributed financially to the relationship.

I recommend that you contact an attorney to explore your rights, however. In the current real estate market, non-marital tracing with respect to the marital homestead can be a complicated matter.

Re: Keeping house in divorce

You should be entitled to recover your initial investment, but the increase in value of the home since the time you were married (including the lowering of the mortgage by making monthly payments) is usually divided equally at the time of divorce. Please contact me if you would like further information.

Re: Keeping house in divorce

You should be entitled to recover your initial investment (plus appreciation on that investment), but the increase in value of the home since the time you were married (including the lowering of the mortgage by making monthly payments) is usually divided equally at the time of divorce. Please contact me if you would like further information.