Legal Question in Family Law in Minnesota
My sister is getting a divorce in Minnesota. Her husband is claiming he purchased several large personal property items with inheritance money. She is getting a lot of run around about whether or not he can claim those as inheritance. He put the money in their joint account and then made the purchases, sometimes months later after their paychecks had also been added to the account and bills had been paid from that same account. What does he have to provide the court in order to PROVE those items were part of his inheritance or are they community property?
1 Answer from Attorneys
All assets are presumed martital under the law and it is up to a proponent that the property is non-marital to present evidence proving that fact. Non-martital assets include assets the person had before marriage, or acquired by inheritance or gift.
Whether a non-marital asset can be adequately traced is critical in determining whether any nonmarital value continues to exist. Simply placing non-marital proceeds into a joint account does not mean that all of the proceeds are marital. A court will look at the amount placed into the account, how other proceeds were commingled and how proceeds were spent from that account.
For Minnesota answers call 612.240.8005 or visit divorceprofessionals.com
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