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What to Know About Property Division in Minnesota

Minnesota is an equitable division of property state, as well as a no-fault divorce state. This means that the fault for the breakdown of the marriage will not affect the property division, and the property is to be divided based on what is just and equitable — not necessarily exactly equal.

Some of the factors the courts will use to determine how to divide marital property include:

  • The length of the marriage
  • Each spouse’s income level and sources, occupation, age and health
  • The vocational skill level and educational level of each spouse (and future earning capacity)
  • The contribution of each spouse to the overall value of the marital property
  • The contribution of a spouse with regard to homemaking

Couples are encouraged to try to reach settlements out of court on all issues of divorce, including property division, before they rely on a family court to settle the issues for them. This will result in fewer legal fees and generally will give each spouse a more satisfying result.

If you do go to court, however, you can expect the courts to take some time determining the value of the property before they begin dividing it up. In some cases, the services of a real estate agent, appraiser or certified public accountant may be necessary to come to an accurate valuation of specific pieces of property. This is one of the reasons why going to court for your divorce can become more expensive, as the use of an expert witness costs money and will be needed to evaluate your property.

If you are interested in learning more about the factors that go into property division in Minnesota during the divorce process, work with a knowledgeable family law attorney at Appelhof, Pfeifer & Hart.

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  • "With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.

  • "Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.

  • "I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.

  • "Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties. Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.

  • "I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.

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