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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102146
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am married with 2 minor children, me and my husband own a

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I am married with 2 minor children, me and my husband own a home that we are currently renting out with Renters warehouse and the tenant has until 6/2017 to move. We both are currently working in another state and we are returning back to Minnesota in June 2016 and will be separating. So, my question is, I don't wan't anymore financial ties to him and we have another year on our contract with Renters Warehouse and I was wondering, can I do a legal separation from him, and his debits or his, and mine or mine as far as car notes, credit cards etc.. and we both are still responsible for home until either sold or one or the other buys the other one out. Also, would we have to address custody of children in the legal separation.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. Assuming you file for separation in MN, then MN recognizes legal separation. What happens is that then the Court will divide up assets/duties/liabilities as related to third parties between the couples. So yes, it is possible to do a legal separation. See HERE. Debts will be divided between the two parties. Either a party would be ordered to refinance into their name only on whatever debt/assets they receive, OR, if this is not possible, both parties' names will remain on the contract but the party that receives the asset/debt must pay for it or else be held in contempt and possibly admonished, fined, and/or jailed if they do not. The court normally tries to divide based on what is equitable (fair). The same applies to a home. Rhere are generally two things done in a separation if the Court has to decide who gets the home:1) A would quitclaim to B. This essentially gives A's interest to B, and;2) The decree orders B to REFINANCE within a certain amount of time with the lender, to take A's name off the mortgage contract. There is also the possibility that the home would be sold and proceeds split. Finally, the parties can decide what they want to do. The Court only chooses one of the above re: assets and the home if the parties cannot decide. It is unusual in a legal separation to order sale or a refinance unless the separation is likely for a long term. The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc. The courts generally do not like to split the custody 50/50 since this is hard on the child unless both parents agree to this. One parent usually becomes the custodian and the other parent becomes the "visiting" parent which is generally one day a week, every other weekend, and alternating holidays. The nuanced points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement. Even if a parent does not get managing custody, they are almost guaranteed visitation unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even visitation, although supervised visitation may be granted by the Court. Of course, that is the standard order of possession. That order can be modified if both parties agree or if the Court finds that it is an extraordinary situation. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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