If you are currently pursuing a divorce in Minnesota, you’re probably worried about your financial future. Spousal maintenance is a huge concern, of course, but property division also threatens to harm your financial status. Who gets the house? How will you divide retirement assets? Read on to learn more about property division proceedings in the state of Minnesota:

What Is Marital Property? How Is It Divided?

Minnesota courts refer to all assets acquired (by either party) while married as marital property. This is in accordance with the presiding philosophy that marriage serves as full partnership—and that a homemaker’s contributions hold value.

Factors influencing marital property in Minnesota include:

  • How long the spouses were married
  • Whether the spouses were previously married
  • The income (both the amount and sources) of each spouse
  • Contributions as homemaker
  • Contributions to marital property

Spouses can influence property division outcomes by seeking valuation services or providing documentation of their non-financial contributions to the relationship (such as caring for children).

What Is Non-Marital Property?

Non-marital property includes that acquired through the owner’s efforts before marriage, and anything given as a gift prior to the union. Inheritances from third parties that occurred prior to marriage also qualify as non-marital property. Although non-marital property is typically not divided between spouses in divorce, it could be impacted if it was commingled while the partners were married. Occasionally, spouses are able to designate property gained while married as non-marital, but this requires a preponderance of evidence.

What Is Commingling?

Non-marital property may not be deemed as such if it is commingled. For example, if a non-marital inheritance was deposited in a joint bank account, it could become difficult to trace, making it less likely to remain separated from equitably distributed property.

Dividing Property Through Mediation or Collaboration

Some couples prefer to reach financial arrangements through alternative dispute resolution. This approach sometimes allows divorcing spouses to arrive at creative solutions, which may also draw in spousal maintenance proceedings. For example: one spouse may agree to forgo future maintenance payments so as to secure real estate ownership.

Property division can be one of the most frustrating aspects of divorce in Minnesota. Seek a favorable outcome with assistance from the Brown Law Offices, P.A.

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Photo of Jason Brown Jason Brown

Jason Brown founded the Brown Law Offices, P.A. in 2003 after working for several years as an associate attorney in downtown Minneapolis. He graduated, with honors, from Mankato State University, Mankato in 1997 and the William Mitchell College of Law in 2000.

Jason…

Jason Brown founded the Brown Law Offices, P.A. in 2003 after working for several years as an associate attorney in downtown Minneapolis. He graduated, with honors, from Mankato State University, Mankato in 1997 and the William Mitchell College of Law in 2000.

Jason has successfully litigated against some of the more recognized family law attorneys in the Twin Cities. He has been named a “Super Lawyer” by Thomson Reuters, and one of the Top 100 Family Law Attorneys in Minnesota by the Society of Legal Advocates.

In addition to his work as a lawyer, Jason serves as a mediator, and court-appointed early neutral evaluator, in divorce and family law cases throughout Minnesota. He frequently writes and speaks concerning divorce and family law issues, including several invitations to present seminars for the Minnesota Judicial Branch in St. Paul.

Beyond family law, Jason has represented hundreds of clients accused of a serious crime, including arson, fraud, unauthorized computer access, burglary, felony strangulation and obstruction of justice. He also provides estate planning services.

Local media appearances by Jason include WCCO Radio, KARE 11 Television, Fox 9 Television and WCCO Television. His national media appearances include NBC News, Time Magazine, USA Today and the Huffington Post.

Jason is the former chairperson of the Family Law Section of the Minnesota Trial Lawyer’s Association, and taught divorce and family law coursework within the paralegal program at North Hennepin Community College. He publishes the Minnesota Family Law Blog, which has been recognized as a “Top 25″ by the Minnesota State Bar Association.

Outside of the office, Jason enjoys playing the bass and electric guitar and spending time in the north woods of Wisconsin.


Areas of Practice
  • Divorce
  • Custody
  • Adoption
  • Restraining Orders
  • Prenuptial Agreements
  • Criminal Defense
  • Estate Planning
Notable Cases
  • Representation of Four Grandparents in Minnesota’s First Quad-Parenting Adoption
  • Representation of Client in Minnesota’s First Same-Sex Divorce
Bar Admissions
  • Minnesota State Bar, 2000
  • US District Court – District of Minnesota, 2002
Education
  • William Mitchell College of Law, 2000
  • Minnesota State University, Mankato, 1997
Joined Firm
  • 2003
Professional Associations & Activities
  • Minnesota State Bar Association
  • Presenter, Various CLE Courses
  • Monthly Columnist, Minnesota Lawyer Newspaper