Providing Legal Guidance During Asset Division
The property division stage of divorce is often challenging, as some divorcing spouses might threaten to take as many valuable items as they can. So, if you’re worried your wife will leave the marriage with an unfair amount of assets, you’re not alone. You have the right to protect your hard-earned belongings during divorce, and that’s what The Legal Dad will help you do. Call our Minneapolis law office to discuss your case with a skilled property division lawyer today.
What Is the Equitable Division of Property?
Every state handles property division in one of two ways. One is the community property system, which says that each spouse equally owns all property acquired during the marriage, so it will be split evenly.
However, most states – including Minnesota – use the equitable distribution system. This means property is divided in a fair and equitable way, which is not always equal. As a result, the court won’t grant each of you roughly half of the marital property like it would in a community property state.
Instead, the judge will consider several factors, such as income and contributions to the marriage, before deciding how to divide your property. If you have questions about what assets you’re likely to get, contact a caring Minneapolis property division lawyer for men at The Legal Dad to learn more.
What Does the Court Consider When Dividing Property?
You’re not required to go to court to divide your assets. If you and your spouse can come to an agreement outside of court, this is typically the simplest way to get the items that are most important to you. While this might require several meetings and some negotiating with your spouse, this process gives you more control regarding the assets you can keep. As long as your proposed property division is just and equitable, a judge should approve it.
If you can’t agree on how to divide the property, a Minnesota family law judge will decide for you. When doing this, they will consider several factors, such as:
- How long the marriage lasted
- Whether either spouse was previously married
- The age, health, income, employment status, and earning capacity of each spouse
- The contributions each spouse made to the marital property
- The contributions each spouse made to the care of the children and the home
Since this is a no-fault divorce state, one factor that is not considered is which spouse chose to end the marriage and why. So, even if your wife committed adultery or was the one who initiated the divorce, this won’t affect property division.
What Property Is Divided During Divorce?
Before you begin the property division step, you’ll need to determine which assets will be divided. When you get a divorce, you and your spouse will only need to divide marital property, which is anything you or she acquired while you were married.
This includes both real and personal property. A few examples of real property include the marital home, vacation home, or a commercial building for the family business. Personal property refers to items other than real property, such as bank accounts, furniture, retirement benefits, and vehicles. If you acquired any of these while married, you’ll need to divide them during divorce.
Nonmarital property includes anything you bought before you got married. Generally, you can keep these items, but you may be required to prove that you bought them before the marriage began. You can also keep gifts that were meant specifically for you, as well as any inheritance that a family member left you.
Should You Hire a Minneapolis Property Division Lawyer for Men?
If you’re unsure what assets you’ll have to split with your wife during your divorce proceeding, hiring a Minneapolis property division lawyer for men can provide the answers you need. At The Legal Dad, we realize how confusing this process can be and how unfair some divorce cases turn out for men.
You deserve to know you have the support of a skilled, caring lawyer from start to finish, so we encourage you to hire our team. If you’re ready to discuss the details of your Minneapolis divorce case before dividing your marital assets, call our law firm at 612-712-3405 to schedule a consultation with a trusted property division attorney.