Legal Question in Family Law in Minnesota
property / marital
My husband was in a car accident one month before we were married. From that car accident he received a settelment from the liable persons insurance. With the money that he/we received from the settelment we purchased a house and vehicle. The settelment was received about 2 years after we were married. We have been married almost 11 years. Still to this day my husband keeps telling me that I owe him for my half for the house and vehicle. Is he correct. When we purchased the house the deed was put in both our names and it was my understanding that it belonged to both of us no matter where the money was from since we were married when the suit was filed and when the settlement was completed. Please advise
1 Answer from Attorneys
Re: property / marital
He has an argument that the personal injury settlement is non-marital and, as a result, he can attempt to trace that non-marital interest into other assets such as the house. However, in a divorce, the burden of proof would be his and you would have a strong argument that when the proceeds were placed into a mritakl home, they funds were gifted to the family and/or commingled tthus losing their nonmarital characteristic.
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