Legal Question in Family Law in Minnesota

First, in a divorce or a legal separation, all assets are presumed marital. It is up to the party seeking a different determination to prove that the assets were acquired from non-marital assets. If you contribution to the home came from income earned during the marriage, it is marital. If it was paid from non-marital funds such as accounts that you had before marriage and kept separate or from inheritance, you may be able to trace a non-marital interest in the value of the home.

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You can proceed directly to a divoce. Minnesota does not require a legal separation first. Regarding your investments, all marital property is to be equitably divided. That means that if it is an asset acquired during a marriage, then it needs to be divided. If it is an asset that was acquired prior to the marriage, through an inheritance or as a gift directly to you, it may be non-marital but it would be your burden to show that. Even if it is non-marital, there is a small possibility that a part of it could be awarded to your spouse but that would depend on the facts of your case and whether your spouse is in financial need.