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Loren, Attorney
Category: Legal
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Experience:  30 years experience representing clients.
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I have been married 10.5 years. We have a home that was in

Customer Question

I have been married 10.5 years. We have a home that was in my husbands name before we married. the equity before marriage at the time was 80K the value of the home is 180K. Because we did not refinance my name was not on the mortgage although it was on all the checks. There is 13K left on the mortgage. As we want to divorce this is the only property we need to come to terms with. What are my rights under minnesota law regarding this property? Will I be able to obtain 1/2 of the equity that we gained while married?
Submitted: 2 years ago.
Category: Legal
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question and provide excellent service.
Minnesota is an equitable distribution state (as opposed to community property). That means that spouses may have separate property and separate debts.
In the case of a home owned by one spouse prior to the marriage the court will typically recognize a claim for half of the the appreciation in value which occurs during the marriage.
I hope this is helpful. If you have any follow up questions feel free to post them. It is never a problem.
Thank you.