{"id":374278,"date":"2016-03-31T21:35:43","date_gmt":"2016-04-01T02:35:43","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/minnesota-law\/minnesota-marital-property-laws.html"},"modified":"2024-06-19T17:39:51","modified_gmt":"2024-06-19T22:39:51","slug":"minnesota-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/minnesota-law\/minnesota-marital-property-laws.html","title":{"rendered":"Minnesota Marital Property Laws"},"content":{"rendered":"\n
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Minnesota Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Minnesota, like most states, is an equitable division<\/a> state. In cases of divorce or legal separation, courts follow common law. During the division of assets between spouses, marital property is divided fairly, although not always equally. A few states, such as California, are community property states. These states divide property 50\/50 during divorces.<\/p>\r\n

In all states, marital property<\/a> includes everything a couple acquires during marriage. Every state has its own definition of marital and non-marital property. Minnesota courts presume that all property acquired by either spouse is part of the marital estate. During a divorce, the spouses must show why items should not be included.<\/p>\r\n

Note:<\/b> State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.<\/i><\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

Under Minnesota statute \u00a7 518.003<\/a>, all real and personal property acquired during marriage is marital property<\/b>. Both spouses have equal rights to marital property, regardless of title or purchase date. If it was acquired after the marriage date and before the valuation date of the divorce, it can be divided by the court.<\/p>\r\n

Marital property includes any increase in the value of retirement accounts or 401(k) accounts during the marriage. Marital debts<\/a> and liabilities are also marital property\u2014they\u2019ll be divided accordingly.<\/p>\r\n

Separate property<\/b>, or non-marital property, is anything acquired prior to the marriage or after the valuation date during the divorce. It also includes:<\/p>\r\n