When couples divorce, property division becomes an important issue. People often face challenges when determining what to do with inherited land or property. Minnesota courts follow specific rules to distinguish between marital and non-marital property.
Understanding how these rules affect inherited property helps guide people through the division process.
Non-marital property in Minnesota
In Minnesota, the law classifies inherited land as non-marital property. Non-marital property belongs to one spouse exclusively, while marital property is subject to division between both spouses. Inherited property remains non-marital if it stays separate from marital assets. This means that if one spouse inherits land and keeps it solely under their name, the court will likely rule it as non-marital.
Complications from mixing property
However, complications arise when inherited land is mixed with marital assets. If the spouse who inherited the land changes its title to include their partner or uses it to improve a marital asset, the court could view it as marital property. For instance, if a couple uses inherited land as collateral for a joint loan, or if they live together on the inherited land, the courts could decide that the inheritance became part of the marital estate.
Proving non-marital status
During the divorce process, courts assess the intentions of the couple and how they manage the inherited property. If a spouse claims that the inherited property remains separate, they must provide evidence that they intended to keep it non-marital. This evidence can include bank statements showing no joint accounts or records that prove the inherited property remained in one spouse’s name.
Impact of non-marital land on the settlement
Even if the inherited land retains its non-marital status, it may still influence divorce outcomes. Courts often consider a spouse’s financial standing and the value of the non-marital property. If one spouse has substantial non-marital land, the other spouse could receive a larger share of the marital property to ensure fairness.
Protecting inherited property
Ultimately, the fate of inherited land during divorce in Minnesota depends on how the couple manages the inheritance. Spouses who want to protect inherited property should keep it separate and document all transactions involving it. Seeking legal guidance early can prevent misunderstandings and secure a fair resolution.
While inherited land in Minnesota usually remains non-marital, couples must handle it carefully. Proper management and record-keeping help protect inherited property and prevent it from becoming marital property subject to division in a divorce.