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Legal Memorandum: Division of Marital Property in MN

Issue: Is a party in a divorce proceeding in Minnesota entitled an equitable share of the parties marital property?

Area of Law: Family Law
Keywords: Marital property; Equitable division
Jurisdiction: Minnesota
Cited Cases: None
Cited Statutes: Minn. Stat. § 518.58, subd. 1, § 518.003, subd. 3b
Date: 03/01/2010

Upon the dissolution of a marriage, the court must make “a just and equitable division of the marital property of the parties without regard to marital misconduct.”  Minn. Stat. § 518.58, subd. 1 (2009).  All property acquired during the marriage is presumptively marital and subject to distribution.  Id. § 518.003, subd. 3b (“All property acquired by either spouse subsequent to the marriage and before the valuation date is presumed to be marital property regardless of whether title is held individually or by the spouse in a form of co-ownership . . . .”).  The party seeking to overcome that presumption must demonstrate by a preponderance of the evidence that the property is nonmarital.  Olsen v. Olsen, 562 N.W.2d 797, 800 (Minn. 1997).

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