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My wife and I are getting a divorce in Minnesota, and we have a joint account where primarily my checks are deposited, while her checks are directed to her separate account. Given this situation, am I entitled to claim half of what is in the joint account?
answered on Apr 3, 2025
You are likely entitled to half of the joint account in a Minnesota divorce.
I paid for my wife to attend college using our joint account while I was working, and she completed her education during our marriage. We are now divorcing after two years. Considering she didn't have a job at the time, am I eligible for any type of reimbursement or compensation for the... View More 
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answered on Apr 13, 2025
In Minnesota, assets acquired before marriage are generally considered separate property and are not subject to division during divorce. However, if marital funds were used to pay for your wife's education, this could influence the division of assets. Courts may consider reimbursement for... View More
I was initially arrested for a 5th degree drug charge, which was marked as dismissed on VineLink. No police officer mentioned anything further until they asked me to do a controlled buy, implying that if I didn't comply, they would file the charge again. Now, the same charge has been filed,... View More
answered on Apr 2, 2025
While the answer would depend upon all the facts and circumstances, most police officers pressuring a target to work off a case should know how to do so without giving the target a defense to a subsequent charge. Your lawyer would have access to more information as well as the ability to ask you... View More
I am a new landlord, and my tenant hasn't paid rent in five months, accumulating more than $6,000 in unpaid rent and utilities. I have a court ruling from Ramsey County Civil Court stating the tenant must pay $2,500 on March 31st and another $2,500 on April 10th, with the possibility of filing... View More
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answered on Apr 13, 2025
Yes, you can pursue the tenant for back rent, unpaid utilities, and late fees if they fail to comply with the court agreement. Since you already have a court ruling in place, it strengthens your position if the tenant forfeits the terms of that agreement. The ruling specifically requires payments... View More
I am currently facing eviction from my residence in Hennepin County, MN, by a local HUD office. This is happening while they are under federal investigation for discrimination against me due to my mental illness. What legal steps should I take in response to this eviction notice?
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answered on Mar 29, 2025
Hire a MI lawyer to defend you from losing possession. State law controls in suing for possession of real property. The security instrument gives HUD the standing and right to sue for possession.
I am currently facing eviction from my residence in Hennepin County, MN, by a local HUD office. This is happening while they are under federal investigation for discrimination against me due to my mental illness. What legal steps should I take in response to this eviction notice?
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answered on Mar 29, 2025
Hire a MI lawyer to defend you from losing possession. State law controls in suing for possession of real property. The security instrument gives HUD the standing and right to sue for possession.
I inherited property from my mother as the sole beneficiary named in her will. In 2019, I filed a transfer on death (TOD) deed with the county recorder, naming my brother as the beneficiary in the event of my death, but he has since passed away. I need to file an affidavit of identity and... View More
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answered on Apr 12, 2025
It sounds like you’ve been handling a lot with care, and you're almost at the finish line. Since the TOD deed was originally set up to pass the property to your brother upon your death—but he has passed away before you—his name no longer plays a role in the actual transfer. The focus of... View More
I'm receiving SSDI benefits, and my representative payee has been using these funds to pay all the rent and utility bills, even though I'm married, and my spouse is supposed to cover half of these expenses. I've noticed other violations by the representative payee and plan to report... View More
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answered on Apr 13, 2025
Yes, it is important to report the issue with your representative payee using your SSDI funds to cover rent and utilities, especially since your spouse is supposed to contribute to these expenses. This could be considered an improper use of your funds, as they should be used primarily to cover your... View More
I am a 16-year-old male in 10th grade. While at school, I had my phone out briefly and was asked to bring it to the office. I refused to give them my actual phone, providing a burner phone instead. When they found out, they searched my bag without my consent, and I told them I did not give consent... View More
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answered on Mar 25, 2025
School searches operate under different legal standards than police searches. Based on the landmark Supreme Court case New Jersey v. T.L.O., schools can legally search students without a warrant or probable cause if they have reasonable suspicion that you've violated either the law or school... View More
Can a conviction from a gross misdemeanor sting operation in Minnesota be expunged? The case was resolved 8 years ago, and I've had no legal issues since completing all terms of my sentence.
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answered on Apr 13, 2025
Based on Minnesota expungement law, your gross misdemeanor conviction from eight years ago appears eligible for expungement. Under Minnesota's "Second Chance Law" (Minnesota Statutes § 609A.02), individuals who have successfully completed all terms of their sentence and remained... View More
I was convicted of a gross misdemeanor as part of a sting operation about 8 years ago, and I've had no other criminal charges or convictions. I've completed all the terms of my sentence. Can this conviction be expunged?
answered on Mar 25, 2025
What was your gross misdemeanor conviction for? That is far more significant relative to the expungement than the fact that it involved a "sting operation." Only certain types of convictions are eligible for expungement.
I started working for my employer in 2019 while serving in the military since 2017. I recently discovered that the company has a paid military leave policy, but I was never informed about it until now, in 2025. When I asked my employer about this, they said they were unaware of the policy. I have... View More
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answered on Mar 25, 2025
You have legal protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA), which safeguards military service members' employment rights. Your employer's failure to inform you about their military leave policy may violate these protections, especially since... View More
I was arrested for a DUI. I currently work as an intervener at a school. I haven't discussed my situation with a legal advisor yet, but I'm concerned that I may get fired. Am I required to inform my employer about the DUI arrest, considering I am still able to perform my job duties,... View More
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answered on Mar 24, 2025
Good question but more information is needed. I typically refer my clients to their employee handbook and or employee contract. However, and generally speaking, on a misdemeanor level and assuming that you do not drive as part of your employment responsibilities for the school, I would not expect... View More
I received a citation for shoplifting at Walmart in Hopkins, MN. The citation includes a payment option but does not mention a court date. As this is my first offense, does receiving this citation mean I will be charged in court, or can I just pay the fee to resolve the matter?
answered on Mar 23, 2025
In Minnesota, even if the citation you received doesn’t list a court date, shoplifting offenses require a court appearance. That court appearance typically comes by way of a summons that will be mailed to you, so it’s important to keep a close eye on your mail in the coming weeks. If you... View More
I am a grandmother seeking visitation with my granddaughter. I have not attempted any legal steps yet, but my daughter-in-law believes I have overstepped boundaries. I used to provide daycare one day a week for seven months, but now that opportunity has been taken away. My daughter-in-law is... View More
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answered on Apr 13, 2025
You can start by reaching out to your local Minnesota family court or a community mediation center to request a voluntary mediation session. Even though you haven’t taken legal action yet, mediation is often encouraged before filing a formal petition. It’s a peaceful, non-confrontational way to... View More
As grandparents of a two-year-old, what are our chances of adopting her? She has been in our care for three months due to her biological mother's meth use and her biological father's criminal charges. MN Prairie is involved, and while the father is compliant with rehabilitation and... View More
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answered on Apr 13, 2025
Your chances of adopting your grandchild in Minnesota will depend heavily on what the court sees as being in the child’s best interest. Since she has been in your care for three months and the county (MN Prairie) is involved, the child protection system is already assessing the situation. The... View More
2 persons working around minors, both have been charged with felonies regarding minor sexual assault, both previously charged for not registering as offenders. Unsure if they are registered now, but still working around children under 18
answered on Mar 21, 2025
Whether they can work around children is entirely dependent on their conditions of release or probation (if they have been convicted). There is no way to answer this question definitively without access to more information. Of course, the fact that they can work around children doesn't mean... View More
I am seeking information on the procedure for expunging two Harassment Restraining Orders (HROs) in Minnesota. One HRO has expired, and the other was dismissed. There have been no violations. I need them expunged to ensure a clean background check for employment purposes. What steps do I need to... View More
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answered on Apr 13, 2025
Based on Minnesota law, expunging Harassment Restraining Orders (HROs) involves a specific legal procedure that can help clear your record for employment background checks. To begin the expungement process, you will need to complete Form EXP101 - the "Petition for Expungement of Executive... View More
In December last year, I was held down and sexually assaulted. There are eyewitnesses, and the assault is recorded in the high school's file. I have not yet reported the incident to the police or taken any legal action. What steps should I take to press charges and ensure my case is handled... View More
answered on Mar 21, 2025
Individuals don't "press" charges. Charges in cases like this are filed by the county attorney following an investigation by law enforcement. I would be surprised if this matter wasn't already investigated. You indicate in your question that the assault is recorded in the high... View More
I'm seeking clarification on ATF form 4473, question 21.i. I was divorced on November 21, 2023, and my ex-spouse and I have been apart and have not communicated outside of court testimony since March 15, 2022. On August 23, 2024, Minnesota issued a Harassment Restraining Order (HRO) against... View More
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answered on Mar 24, 2025
Form 4473 question 21.i specifically asks if you are subject to a court order restraining you from harassing, stalking, or threatening an "intimate partner." Under federal firearms laws, an intimate partner generally refers to a spouse, former spouse, parent of a shared child, or someone... View More
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