Protecting Your Non-Marital Property Rights in Divorce

Dividing property in a divorce requires distinguishing between marital and non-marital assets. Since these classifications determine how property is treated, understanding the differences is crucial. Our skilled Minnesota non-marital property attorneys are here to protect your rights and help identify and preserve your non-marital assets. Contact Barna, Guzy & Steffen today at (763) 783-5146 for expert legal guidance.

What Is Non-Marital Property?

Non-marital property refers to assets excluded from the marital estate and typically not subject to division during a divorce. While marital assets are often divided equitably, non-marital property remains with the spouse who owns it.

Common Examples of Non-Marital Property

  • Property owned before marriage
  • Gifts or inheritances given exclusively to one spouse
  • Assets protected by prenuptial or antenuptial agreements
  • Property acquired by exchanging other non-marital assets

Some assets may have both marital and non-marital components, requiring a detailed evaluation to determine proper division.

Tracing Non-Marital Property

Proper classification of non-marital property often involves tracing its origins and maintaining thorough documentation. Certain factors can complicate the distinction between marital and non-marital property, such as:

  • Assets purchased before marriage but paid off during the marriage
  • Increases in value of non-marital property during the marriage
  • Use of non-marital funds to acquire marital property
  • Businesses owned before or during the marriage

To establish a claim of non-marital property, you must provide clear evidence, including financial records, contracts, or appraisals.

Protecting Your Non-Marital Assets

Our attorneys specialize in identifying, tracing, and protecting non-marital property. We have successfully handled a wide range of non-marital assets, including:

  • Real estate
  • Retirement accounts
  • Stock options
  • Vehicles
  • Business interests

Through negotiation or litigation, we are committed to safeguarding your non-marital assets and ensuring a fair resolution.

Frequently Asked Questions

What is non-marital property?

Non-marital property includes assets not subject to division in divorce, such as those owned before marriage, gifts or inheritances given to one spouse, property protected by prenuptial agreements, and assets acquired by exchanging other non-marital property.

How is non-marital property different from marital property?

Marital property includes assets and debts acquired during the marriage and is typically divided between spouses. Non-marital property, however, remains with the original owner.

Can property be both marital and non-marital?

Yes. For instance, a home owned before the marriage might increase in value or be paid off using marital funds, creating both marital and non-marital components.

How do I prove an asset is non-marital?

Evidence to support non-marital claims includes:

  • Proof of ownership before marriage
  • Documentation of gifts or inheritances specifically given to you
  • Prenuptial or antenuptial agreements
  • Financial records tracing the use of non-marital funds

What happens if non-marital property increases in value during the marriage?

If marital contributions lead to an increase in value, that portion may be classified as marital property and divided accordingly.

Can I keep an inheritance received during the marriage?

Generally, inheritances received by one spouse are considered non-marital property, provided they are kept separate and not commingled with marital funds.

How are businesses handled in divorce?

A business owned before the marriage may be considered non-marital. However, if its value changes due to marital efforts, that portion may be classified as marital property.

Does the name on the title matter?

No, the title does not determine whether property is marital or non-marital. The timing and source of acquisition are the determining factors.

How can an attorney help with non-marital property?

An attorney can:

  • Identify and trace non-marital assets
  • Gather and present evidence to support your claims
  • Negotiate or litigate to protect your interests
  • Collaborate with financial experts for accurate valuations

Contact Barna, Guzy & Steffen Today

For personalized guidance on protecting your non-marital property during divorce, contact our experienced team today. Call (763) 783-5146 to schedule a consultation with a trusted Minnesota non-marital property lawyer at Barna, Guzy & Steffen.