Legal Question in Family Law in Minnesota

When my wife and I got married she had an old cabin that we put a lot of money into and now it's worth a lot morney than before. With impending divorce what am intitled to


Asked on 4/12/12, 7:35 pm

1 Answer from Attorneys

Jill Poppe MacKenzie Jill A Poppe MacKenzie, P.A.

The cabin is an asset that has value as both a marital & non-marital asset. It is what family law considers to be a "blended" asset. Sorting out the current value that is marital from the current value that is non-marital is a complicated endeavor. Your spouse will need to provide information regarding the value of the cabin at the time of the marriage. You will need to collect documentation of the improvements, repairs, etc. put into the cabin during the marriage. The tricky part is that putting in $20,000 of improvements doesn't always translate into an increase in value of $20,000. Minnesota law is concerned about the increase in value as a result of marital investments. There are many additional issues as well: market trends, refinancings, property taxes & assessments, as well as loan repayments made during the marriage, & more. I recommend you & your spouse consider working with a neutral financial expert experienced in divorce & non-marital tracing so that you both understand the tracing & are then more likely to reach an agreement as to the value of your 1/2 marital interest.

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Answered on 4/26/12, 10:30 am


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