What property is subject to division and how is it divided?
Two basic types of property exists in actions for dissolution of marriage and annulments, marital and non-marital. Marital property is real and personal property acquired by the parties during the time of the marriage. Non-marital property is real or personal property acquired by either party before, during or after the marriage that is a gift by a third party to one spouse but not the other, was acquired before the marriage, was acquired after the date of valuation, is excluded by a valid antenuptial contract, or was acquired for or is an increase in value of one of the above described types. Minnesota courts make just and equitable divisions of the marital property of the parties and do not consider marital misconduct. Just and equitable does not necessarily mean that the property must be divided equally. Non-marital property is typically not part of a division unless the party claiming the non-marital property cannot show a proof of the non-marital status or if an unfair hardship ca
