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Under Minnesota divorce law, the division of property is determined by whether said property is considered “marital” or “non-marital.” Marital assets must be divided fair and equally among spouses as these are considered assets accumulated during the time of the marriage. Non-marital assets are usually not divided among spouses. While the law is relatively straightforward, the calculation of each spouse’s interests can be complex and may require assistance from experienced property division attorneys.
When a couple gets divorced in Minnesota, a judge is required to “make a just and equitable division of marital property.” There are several factors the court takes into consideration when deciding how to divide marital property:
There are two basic types of property: real and personal. Real property includes land or homes like cabins, commercial property, or acreage. Personal property is everything else including bank accounts, jewelry, cars, retirement accounts, furniture, etc. The parties must determine what property is considered marital and non-marital and the courts will divide accordingly.
In terms of who gets the house, in most cases homes are considered “marital property” and a judge will divide it between the spouses. A judge may also do the following when dividing the marital home:
In Minnesota, the law requires judges to divide marital debt as well in a divorce proceeding. Similar to assets, debts are considered either joint or separate. Even if one spouse accrued debt during the marriage, a judge could still decide it was an individual debt that only benefited one spouse. However, judges must be fair when allocating debt to each spouse.
There are several other factors to consider when dividing property during a divorce. The attorneys at Barna, Guzy & Steffen can assist you in these matters, so you receive a fair settlement regardless of how complex your situation may be. Contact us today to speak with one of our family law attorneys.
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Listen to your Miranda Rights.
Request to speak with an attorney in private. Your Miranda warning will be read to you by the arresting officer. It is very important that you pay attention to every word of these rights.
If you are placed under arrest, the officer has most likely completed an investigation leading to the belief that there was probable cause that you committed a crime. At this point, the officer has made their decision. Do not think that you could say or do anything to change the officer’s mind.
Do not resist arrest. Resisting arrest could subject you to further criminal charges if you go too far. Additionally, your attitude toward the arresting officer, if negative or volatile, will be presented as supporting a guilty verdict. In general, juries do not react favorably to a person who fights with police and will most likely see this is as evidence of guilt.
If convicted, the prosecution could use any negative conduct to support a harsher sentence. In short, displaying aggressive behavior toward police will only cause trouble. Even if you are scared, angry, or are experiencing high anxiety, you must maintain composure and politely request to speak to an attorney in private.
The law firm of Barna, Guzy & Steffen offers dedicated attorneys who effectively and efficiently handle your legal needs with the highest level of professionalism.