Category: Family Law
Dividing Joint Real Estate in Minnesota Outside of Marriage/Divorce (Partition): Q & A
April 2, 2026 | admin
Couples/families delay or forgo marriage for many reasons. But they can and do still buy real property regardless of marital status. This can include any real property such as houses, cabins, commercial buildings or land parcels. If the relationship ends, the joint owners of real property must navigate dividing it up. When they are not married, there is no divorce case in which Family Court can deal with real property. The Civil Court process of dividing real property owned by unmarried individuals is called “Partition.” It is governed by the Minnesota Partition Act (Minn. Stat. § 558A) and the Minnesota Rules of Civil Procedure. Below are some of the most common questions clients have regarding Partitions, and their answers. 1. I was served Court paperwork related to the Property I jointly own. What do I need to do? By law, you must serve an Answer and Counter Petition upon the other party; you must do so within 21 days of service upon you. If you fail to do so, you could be found in default, and the Court could grant Plaintiff’s requests without your input. Your Answer and Counter Petition responds to the Plaintiff’s allegations and claims, then states your own allegations and claims. This is your initial chance to tell the Court…
Read MoreWhat Is a Prenup and Why Should You Get One?
February 3, 2026 | Jason C. Brown
A prenuptial agreement is a legal contract that two future spouses make with each other before getting married. Its primary purpose is to outline how assets and debts will be divided in the event the marriage ends due to divorce or the death of one spouse. While a prenup may seem uncomfortable to discuss with your future spouse, it’s an incredibly practical tool used to protect both of your finances. Let’s take a closer look at what prenups are, how they work, what they’re used for, and why to get one. How Does a Prenup Work? Generally, a prenup lists each person’s assets and debts. Assets include cash, bank accounts, retirement funds, real estate, investments, and valuable items such as cars. The agreement then states specific instructions for how each asset and debt should be allocated if the marriage ends. A prenup can cover future assets and earnings in addition to present assets. A prenup can also detail how expenses and debts should be allocated during the marriage, not just after it. What Is a Prenup Used for? A prenup protects the financial interests of both parties before a marriage is finalized. It’s useful for any couple entering marriage, not just for the wealthy. A prenup is especially useful if one or both…
Read MoreHow to Plan a Parenting Time Schedule for Summer
May 1, 2024 | Jason C. Brown
Child custody is a complex matter that can be difficult for parents and children. Summer vacation often brings further complications as children are off from school and families make travel plans. With summer quickly approaching, we’ve put together a guide of things to know and best practices to follow when making your summer parenting time schedule. Check Your Legal Papers The first step in planning time with your children this summer is to examine your court orders and legal agreements with the other parent. Parenting time is separate from custody, and non-custodial parents are generally awarded at least 25 percent of their children’s total parenting time. In Minnesota, parenting time is measured based on the number of overnights a child spends with a parent over an entire year. Your court-issued parenting time order may specify seasonal changes in these arrangements. Consider Summer Schedules Next, make sure to account for how everyone’s schedules may change during the summer, including you, the other parent, and your children. Do you or the other parent work seasonal jobs or attend school? Do either of you have summer hobbies that would affect your schedule? Your children may also work summer jobs or attend summer camps. Older children may have recently acquired driver’s licenses and desire to spend more…
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