Legal Question in Family Law in Minnesota

inheritance before married

I have been thinking of a divorce and have been told that the money I put for a down payment on our house was from an inheritance I got before I married, and will come off the top before anything is split. I am also thinking of maybe doing the geographical change to help with our problem. If we sell this house and buy another in a different state, probably Wisconsin, will I still get credit for the inheritance I used to buy the first house if we decide to divorce.


Asked on 9/17/00, 10:13 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: inheritance before married

Disclaimer:

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

Response:

Ordinarily, under Minnesota law, the nonmarital character of the equity in a home does not change, even though a series of homes is sold and purchased. You have to be able to produce enough evidence to show the unbroken chain, but most of us keep records of our real estate transactions.

Divorce is a matter of state law, however, and I can only speak for what the law is in Minnesota. Once you cross into Wisconsin it could be different. You need to ask a Wisconsin lawyer.

One more comment. Marriage problems - and most other problems for that matter - are rarely solved by what the people in AA call "taking a geographic." Where ever you go, there you are.

Good luck.

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Answered on 10/17/00, 1:25 pm


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