Legal Question in Family Law in Minnesota

Divore and property settlement

I moved from MO., sold my home, quit my job, after 5 years of marriage, i see that were not going to make it, I put a lot of my money into his home, my name is on the property, do I stand a chance of recovering my investment. Is he entitled to the money I had in the bank before I married him? We have a rental property that is being rented out, I have a son in school, what can I do to stay in one of the houses. Desperate in MN.


Asked on 12/15/03, 1:07 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Divorce and property settlement

If you can provide paper work showing that you used premarital assets to contribute to a home in Minnesota, you may be able to trace that non-marital interest. Non-marital interests are determined by what is called the "schmitz " formula.

Bank accounts are a different story. If you brought money into the marriage and it was commingled or used for marital expenses that cannot be specifically indentified, you will not recieve any credit for those proceeds. On the other hand, if you can trace those proceeds into a specific item of property (eg. car or house) you may be able to trace your pre-marital interest.

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Answered on 12/15/03, 2:06 pm


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