Minnesota Property Division Attorneys

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A Creative Approach To Division Of Marital Property

At the law office of Terzich & Ort, LLP, our lawyers work with men and women throughout the 13-county metropolitan area surrounding Minneapolis-St. Paul, helping them equitably divide their marital debts and assets. Though we recently formed this practice, we both bring extensive family law experience to our clients. Minnesota Law & Politics magazine has named both our partners as “Rising Stars” in the legal community every year since 2006, and attorney Jodi M. Terzich has been recognized as a Minnesota “Super Lawyer” for 2009. We built our reputation by offering prompt and courteous service at reasonable rates. To set up an appointment, contact our office or call us at 763-391-7354.

What Is Equitable Division?

Under Minnesota law, the property and debt that make up a marital estate must be divided equitably between a husband and wife upon dissolution of a marriage. This does not mean that the division must be equal, though often that is the fairest way to divide the debts and assets of a marriage.

At Terzich & Ort, LLP, we will help you work out an agreement for the equitable distribution of the assets and obligations of your marriage, including real and personal property, bank accounts and investments, retirement funds, and business assets. As your property settlement attorney, we will carefully examine all the property you own, so that we can determine whether any of it is nonmarital property (which is excluded from the marital estate and not subject to division).

Examples of nonmarital property include:

  • Gifts or inheritances you received before or during the marriage
  • Any property that you brought into or acquired before the marriage
  • Any property acquired after valuation of the marital estate for purposes of the divorce
  • Any property subject to a valid prenuptial agreement

We will help you trace nonmarital property, determining when it was acquired and what its current value is. Visit our marital property FAQ page to learn more.

At Terzich & Ort, LLP, we command extensive skill and experience handling the division of marital property in Minnesota. We have handled many complex property settlements and have a comprehensive understanding of the strategies available to successfully resolve these issues as well as tracing assets. Our goal is to serve as the diligent property settlement attorney you need to protect your financial future.

Schedule Your Consultation Today

To set up an appointment, call our Maple Grove property division lawyers at 763-373-9117. As your trusted property settlement attorney, we are prepared to guide you through this process. You may also email the firm to schedule your consultation. We meet with clients during regular business hours, and evening consultations are available upon request. We accept Visa, MasterCard, Discover and American Express.

Frequently Asked Questions About Property Division

Minnesota follows the principle of equitable distribution. This requires marital property and debt to be divided fairly between the spouses, which often means equally, but not necessarily in an exact 50/50 split. The law presumes that each spouse contributed substantially to the acquisition of marital property, regardless of whose name is on the title or who made the financial contributions.

Marital property is all property acquired by either spouse during the marriage and is subject to equitable division. Non-marital property is excluded from the marital estate and is not subject to division. Non-marital assets typically include property acquired before the marriage, inheritances, gifts made exclusively to one spouse, or property acquired after the valuation date for the divorce. An attorney can help you trace non-marital property to ensure it remains protected.

To help secure a favorable resolution, you should:

  • Review the terms of any pre- or post-nuptial agreement you signed.
  • Gather comprehensive records for all assets, including bank statements, retirement accounts, real estate, stocks, and business ownership interests.
  • Contact a property settlement attorney early, as they can review your case to determine the scope of the marital estate, explain your legal rights, and advocate on your behalf in negotiations or at trial.