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Minnesota Divorce Questions & Answers
1 Answer | Asked in Divorce for Minnesota on
Q: Been married for 3 years, no kids, can my husband take away half of his savings he gave me after divorce?

About a year ago, he transferred 50,000 dollars (half of his savings) to my private bank account. He did so to prove to me that he was serious about the marriage. Can he take it away from me after we file for divorce?

D. Patrick McCullough
D. Patrick McCullough answered on Apr 4, 2018

In Minnesota gifts between spouses are not considered protected non-marital assets, so, yes he can, but there may be other facts that could affect this question and answer.

1 Answer | Asked in Divorce for Minnesota on
Q: My husband told me he wanted a divorce a week ago. He has not filled as far as I know. He also won't leave the house.

He wont leave the house. He is the one that once the divorce, but he wont leave. I take care of my elderly father and I have a child not from him. I have 3 people to think about when he has one. I want to move out because i dont want to deal with the emotional abuse, but is that the smartest move... Read more »

D. Patrick McCullough
D. Patrick McCullough answered on Mar 14, 2018

If, in the end you wish to be awarded the house and live there, it would be a mistake to move out(of course if there is danger of Domestic Abuse-that could change things). I would need to know much more about your situation before I could give you the appropriate advice. You should consult with... Read more »

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: In Minnesota, at what age can my children decide which parent they want to live with?

We are divorced, my kids dread going to stay with their dad and want to stay with me. They are ages 11 and 9.

Lisa Watson Cyr
Lisa Watson Cyr answered on Mar 12, 2018

There is no stated age upon which a child is able to decide who they want to live with; however, the reasonable preference of a child is one of the factors the Court will consider in determining what is in the child's best interest. As the child gets older and more mature, the child's... Read more »

1 Answer | Asked in Divorce for Minnesota on
Q: I am going to get divorced, but need a new car. If I buy a car and it's only in my name can she take it after the div.
Lisa Watson Cyr
Lisa Watson Cyr answered on Mar 5, 2018

If you purchase a car before the divorce with monies considered marital such as your earnings, then the net value of the vehicle could be part of the division of property.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Applicable state domestic relations law citation in Minnesota

In the division of asset (401K) during a divorce in Minnesota what is the applicable state domestic relations law citations?

Lisa Watson Cyr
Lisa Watson Cyr answered on Mar 2, 2018

For division of property in a Minnesota divorce, the applicable statute is Minnesota Statute Section 518.58.

1 Answer | Asked in Family Law and Divorce for Minnesota on
Q: My spousal support ends when my ex turns 62 in April. Does he have to keep paying until I get my social security
D. Patrick McCullough
D. Patrick McCullough answered on Feb 23, 2018

That depends upon many factors, most important, in Minnesota if you do not bring a Motion to extend or at least reserve the issue of SM before the date for termination of SM in your JD, you may forever be barred from continuing the SM. You need to contact a family law atty ASAP

1 Answer | Asked in Family Law and Divorce for Minnesota on
Q: A marriage of 30+ years, Children are selfsufficient ages 25 & 28. Do we file MN dissolution with or without children?

We are separated, have all assets dissolved, no request for pension or alimony. Just want to finalize with a dissolution.

Lisa Watson Cyr
Lisa Watson Cyr answered on Feb 23, 2018

Because your children are no longer minors, your dissolution filing status would be "without" children.

1 Answer | Asked in Divorce for Minnesota on
Q: My ex is remarried and has a great job and makes more than me. Can I take her to court to get my pension back?
Lisa Watson Cyr
Lisa Watson Cyr answered on Feb 1, 2018

A property settlement in a divorce is final upon entry of the decree, subject to the right of appeal. A decree may be reopened under certain circumstances specified by statute within one year following the entry of the decree; however, barring any other relevant facts, the reasons you have... Read more »

1 Answer | Asked in Divorce for Minnesota on
Q: I am divorced. There was a parcel of land miss in the divorce. Do I still maintain ownership of said land? I live in MN.
Lisa Watson Cyr
Lisa Watson Cyr answered on Feb 1, 2018

If your divorce decree is silent regarding real or personal property owned by you or your ex spouse as of the valuation date, the property is considered omitted property and the Court may still have jurisdiction to award the property to you or your ex spouse.

1 Answer | Asked in Divorce for Minnesota on
Q: I have been a resident of MN for almost 6 months and am planning on filing for divorce. My husband lives in FL.

My intent is to be able to file for divorce and not have to travel back to FL for any reason.

D. Patrick McCullough
D. Patrick McCullough answered on Feb 1, 2018

After you have been a resident of Minnesota for 6 months, you will qualify to commence the Divorce Proceeding in Minnesota. Generally speaking, the case would then be venued in Minnesota and heard here but if there are minor children involved that are still connected with the state of Fla, or if... Read more »

1 Answer | Asked in Divorce for Minnesota on
Q: In divorce - If I take money from joint and move to individual acct. - does he still get half?

Want to take out half of my money and put into my own account. Will he get half of what I put in my individual account?

What do I do with the joint account? Can I take my name off of the main account?

I live in minesota.

Lucas Wynne
Lucas Wynne answered on Nov 2, 2017

It would be improper for an attorney to render such specific advice while not knowing more particulars about your situation.

1 Answer | Asked in Divorce and Real Estate Law for Minnesota on
Q: My house is in my mother in laws name. ive lived in it 11yrs. Do I have any stake in it?

The verbal agreement is it will be put in mine and my husbands name after some other debt was paid. Which it has. I'm now getting a divorce. Am I entitled to any equity?

Lucas Wynne
Lucas Wynne answered on Nov 2, 2017

You should have a lawyer help you with the divorce. At first blush, I would say that it is unlikely you will have a stake in the house. If your mother-in-law transferred the husband to your soon to be ex and you paid for part of that bargain, you may be able to make the argument but I would not... Read more »

1 Answer | Asked in Divorce for Minnesota on
Q: Quick and easy uncontested divorce in MN - can the paperwork be done online?

My husband and I want to file a joint petition for divorce in MN, uncontested. Both of us just want to go our separate ways with our own debt and property. We don't want anything from each other. He received a house before our marriage (from his mother), so he will keep the house, and I... Read more »

Lucas Wynne
Lucas Wynne answered on Sep 28, 2017

I highly suggest avoiding online filing companies. Many attorneys charge a low fee for uncontested divorce cases. Many of us represent clients throughout the region in uncontested matters. One of you retains the attorney to help with the filing. Although the attorney only represents that client,... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: Is my husband likely to get 50% custody of my children?

We have been separated for over 2 years (not legally), I have been the main caregiver. While he has provided financially for our needs, he isn't reliable. He doesn't have a vehicle big enough to haul our children and he lives in a basement bedroom of an elderly couples home.

Lucas Wynne
Lucas Wynne answered on Sep 22, 2017

Each case is unique. No attorney can predict the outcome of your case. Guaranteeing an outcome is an ethics violation for an attorney that can result in reprimand or suspension.

1 Answer | Asked in Divorce for Minnesota on
Q: What options do I have to get my ex out of the house?

It is stated in the divorce papers he would move out when it was final. It was final in June and he is not moving.

Lucas Wynne
Lucas Wynne answered on Sep 22, 2017

You should retain an attorney to bring a motion on your behalf to force his hand.

1 Answer | Asked in Divorce for Minnesota on
Q: How is property value determined in a divorce
Lucas Wynne
Lucas Wynne answered on Sep 22, 2017

The value of property may be determined by agreement, evaluations, or any other number of methods. Hiring an attorney is a good place to start.

1 Answer | Asked in Divorce for Minnesota on
Q: Can I sell my home during divorce eventhough wife does not?

I own the Mortage, we both own the deed. I want to get rid of house completely. Wife wants it but cannot afford it. Can Judge force to sell?

Lucas Wynne
Lucas Wynne answered on Sep 22, 2017

A party should not dispose of the home or other assets during a divorce. A judge can order virtually anything provided for under the law. If a home is involved, you should retain an attorney.

1 Answer | Asked in Divorce for Minnesota on
Q: I want to sell the house, my spouse wants to keep it. She cannot afford it. Will the judge make me pay for it?

I want to sell the house to have a clean break from my wife. We have a 15 and 18 year old children.

She is initiating the divorce. She will not be able to afford the house payments, maintenance. My name is on the loan

Both our names are on the deed. She says that if we litigate... Read more »

Lucas Wynne
Lucas Wynne answered on Sep 22, 2017

No attorney can predict an outcome in your case. Selling the house is a common solution.

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