Division Of Nonmarital Property Attorney In Anoka County
During the property division aspect of divorce, both spouses’ property must be identified as either marital or nonmarital. Marital property is that belonging to both spouses. Nonmarital property is that owned by only one spouse. However, title or legal ownership does not determine whether property is marital. All property is considered to be marital unless certain limited circumstances apply. For example, nonmarital property can include:
- Property owned by one spouse prior to marriage
- Property gifted to only one spouse
- Property inherited by one spouse
To be treated as nonmarital property, the property must have been kept separate and identifiable apart from the couple’s shared property.
Why Nonmarital Property Matters
The distinction between marital and nonmarital property is important because it shapes the outcome of property division. In Minnesota, courts follow the equitable division method of property division, which means they strive to divide the parties’ marital property in a fair manner.
Generally, courts will award nonmarital property to the owning spouse. However, there are exceptions to this rule, and courts sometimes award nonmarital property to the other spouse. The presence of a prenuptial or postnuptial agreement can also affect the division of property. If you have cherished and valuable property that you are seeking to retain during the divorce, it is important to consult with a qualified lawyer to discuss your rights.
Protecting Your Property Interests
It can be challenging to protect nonmarital property because you, as the property owner, have the burden of proving that it fits into the narrow legal definition of nonmarital property. Fortunately, we can help. At Marvin Law Office, L.L.C., in Anoka County, our attorney navigates division of nonmarital property with a high degree of precision and care. Backed by more than 30 years of legal experience, lawyer Joseph E. Marvin works diligently to defend clients’ rights and help them accomplish their goals.
Our firm has successfully helped clients save various types of nonmarital property, including:
- Business interests
- Real estate
When appropriate, we also work with trusted professionals such as certified public accountants (CPAs), appraisers and tax appraisers to build a compelling case.
Wondering How To Divide Nonmarital Inheritances And Farmland? | Contact Us For A Free Consultation
Marvin Law Office, L.L.C., is conveniently located next to the courthouse in downtown Anoka, Minnesota. We represent clients throughout Anoka County, including Andover, Blaine and Ramsey. Call today to arrange a free consultation with attorney Joe Marvin.