Legal Question in Family Law in Minnesota

Hi, I live in Minnesota and me and my husband are living apart for last one year. no divorce was filed yet but he may do it anytime. I am planning to buy a home with 5% downpayemnt and mortgage on my name. would like to know if he divorce after a year or so, how much would would he share in the house, would that be only the downpayment or would that be downpayment and monthly mortgages that I paid or would that be entire worth of the house? if so, what would happen to the loan that is on my name. would he sharing that as well.


Asked on 9/23/16, 8:47 am

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. Division of property in divorce is a matter of 'what is fair, just & equitable'. Also, the date set for that division to be made can & does vary. Full facts would need to be known.

As to one spouse being liable on a debt, generally the other spouse is not subject to personal liability but there are exceptions.

I suggest you very carefully choose one of us attorneys who is very well qualified & very well experienced so she can provide you with what is sometimes termed pre divorce planning (tho' you may never proceed to divorce, of course). This sort of counsel is a part of my every day work.

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Answered on 9/23/16, 8:59 am


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