My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
Minnesota is a "no-fault" divorce state, which means if you or your spouse believe that your marriage is irretrievably broken (meaning, so badly damaged that it can’t be saved), and the judge agrees, then the court will issue a divorce order. There’s no need to get into why the marriage failed, or who was at fault. This unfortunately does not help you much as it would in a fault based divorce state.
Many individuals mistakenly believe that they’ve abandoned their equity in the family home by moving out. While the court may award the family home to the spouse living in it at the time the divorce is heard, the spouse that moved out will typically be awarded other property or a cash settlement equal to his or her equity in the home. The bot***** *****ne here is that you don’t give up your equity in the marital home by moving out. Unfortunately, if you do not get a legal separation or file for divorce, all community property or property gained during the marriage is an asset that is to be divided. The court can take into account circumstances and abandonment would be one of those circumstances, and decide to give you a higher percentage than your husband but this is not guaranteed.
There is a common misconception that title always controls distribution of property. In reality, courts commonly disregard title when determining whether property is “marital” or “non-marital.”
Any asset acquired by either spouse during the marriage (except through gift or inheritance) is considered “marital” property and is subject to division by the court. The fact that title is in the name of only one spouse can be inconsequential.
“Non-marital” property includes any property acquired by one spouse before marriage or via traceable, premarital or non-marital funds, inheritance, or gift. Unfortunately like I said previously, the courts only look at marital and nonmarital property and will divide it based on that. Unfortunately, I know this is not the outcome you expected or wanted but I am here to give you correct information as incorrect information will not help you. I understand your frustration and see how this might seem like an unfair outcome.
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