Legal Question in Family Law in Minnesota

The answer is "maybe." It dependents on how much equity there was in the home at the time you were married and if the equity in the home increased during the marriage. It does not matter whose name is on the title. If there was an increase in the home equity during the marriage, generally it is that amount of increased equity that is considered a marital asset subject to division.

The home would appear to have both a marital and a possible non-marital value. , which means there may be some equity to divide in a divorce. It is important to recognize that all assets are presumed marital and capable of division. It is up to te party seeking a different characterization to prove it. As a result, the burden of proving a non-marital value in the home falls to your spouse if he makes that claim.

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