Minnesota Marital Property Laws

Minnesota, like most states, is an equitable division 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.

In all states, marital property 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.

Note: 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.

Marital Property vs. Separate Property

Under Minnesota statute § 518.003, all real and personal property acquired during marriage is marital property. 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.

Marital property includes any increase in the value of retirement accounts or 401(k) accounts during the marriage. Marital debts and liabilities are also marital property—they’ll be divided accordingly.

Separate property, or non-marital property, is anything acquired prior to the marriage or after the valuation date during the divorce. It also includes:

• Property inherited, gifted, or awarded to one spouse

• Items purchased or traded for separate property

• Personal injury settlements

• Assets the couple agreed to hold separate in a prenuptial agreement or other arrangement

Commingled property is a non-marital asset that became marital property through use. For instance, one spouse may have a separate bank account, but if the other spouse uses it to pay household bills, it may become a marital asset.

Marital property and commingled assets are subject to property division during a divorce.

Minnesota Marital Property Laws

If a couple does not have a prenuptial or postnuptial agreement dividing their property, the judge may divide all marital property equitably based on factors given in the statute. These include:

• The age and health of the parties

• The length of the marriage

• The education, vocational skills, and earning potential of both parties

• The current and future employment status of both parties

• Contributions of both parties to the marriage, including homemaking and child care

• Other sources of income, such as spousal maintenance from a prior marriage

• Any other relevant factors, such as child support payments

• Any other considerations the court deems relevant to the case at hand

Equitable distribution means that spouses may not get the same amount of money in a divorce. If a marital asset like real estate can’t be divided in half, a judge may award it to one spouse. They will grant the other spouse an equivalent amount of money or property.

See FindLaw's Divorce and Property section for additional articles and resources.

Research the Law

• Minnesota Law

• Official State Codes - Links to the official online statutes (laws) in all 50 states and D.C.

Minnesota Marital Property Laws: Related Resources

• Marriage, Money, and Property

• Minnesota Divorce Laws

• Property and Debt Division FAQ

• Credit and Divorce

Get Legal Advice From a Minnesota Divorce Attorney

Divorce and the division of marital property involve an understanding of Minnesota family law. If you’re contemplating divorce or separation, get legal advice from an experienced Minnesota divorce attorney today.