Legal Question in Family Law in Minnesota
Can real property be awarded to one spouse, with the other's name taken off the title, in a Legal Separation in MN?
1 Answer from Attorneys
It appears I may have already received this question in another form. Nevertheless, the simple answer is that the court's jurisdiction in a legal separation proceeding is rather limited, and the court cannot generally make awards of real property in a proceeding for legal separation. Proceedings for legal separation provide the court with rather limited jurisdiction -- generally involving physical separation of the parties and an award of spousal maintenance, for example. If you are interested in obtaining a court order that will divide assets between you and your husband or wife, you will need to start a divorce proceeding. If you have not lived in Minnesota long enough to commence a divorce in this state (six months), you can start a proceeding for legal separation and later convert it to a divorce proceeding.