Property & Debts
New FAQ about Buying and Selling Real Estate Pending Divorce
Jun 11 2021
Today I published a new FAQ in response to the recurring question of whether or not a spouse may sell or encumber the marital homestead or other real estate without the other spouse's signature.
Update to "Property and Debt Allocation in Divorce"
Jan 14 2020
I have updated my treatise on Property and Debt Allocation in Divorce, to include a much more extensive discussion and examples of how non-marital interests in real estate are calculated, including cases where parties refinance a home or make improvements to a home during the marriage.
Non-Marital Claims to Upside Down Houses in Minnesota Divorce Cases
Mar 15 2011
Again today I was asked about non-marital interests in an upside down mortgage or “negative equity” situation. I answer this question today in a new FAQ posting: “Do I Get Credit for a Non-Marital Interest in an Upside Down House in a Minnesota Divorce?”
Financial Early Neutral Evaluations in Minnesota Divorce Cases
Jul 16 2010
The Financial Early Neutral Evaluation (or FENE), is explained in an article I published today on my web site: “Financial Early Neutral Evaluations in Minnesota Divorce.” This article explains in a nutshell what the FENE is, and how to best choose your evaluator.
Property & Debt Allocation in Minnesota Divorce Cases
Jul 04 2009
Today’s article is a very comprehensive one, discussing several aspects of the apportionment of assets and debts in divorce cases, such as: marital versus non-marital property; property that is partially marital and partially non-marital; income and appreciation on non-marital property; real estate; deadbeat spouses; gifts between spouses; debt allocation; and various tips. As always, citations to legal authority are included. The full article is available here: “Property & Debt Allocation in Minnesota Divorce.”
Who Gets the Dog?
Dec 29 2008
Have a dog, cat or other pet that you and your spouse both want? I have written an answer to this FAQ, discussing how this issue is decided: “Who Gets the Dog?”
Who Gets the Engagement Ring?
Nov 30 2008
Unlike many areas of family law, the question of ownership of engagement rings is well settled and definitive in Minnesota. I answer the question here, with citations to authority as always: “Who Gets the Engagement Ring?”
When Does My Paycheck Stop Being Joint?
Sep 28 2008
Wondering how long your paycheck still belongs jointly to your spouse? I answer that question here: “When Does My Paycheck Stop Being Joint?”
What Can I Do to Keep Costs Down?
Jul 26 2008
Clients often ask what they can do to help keep down their legal costs. Some suggestions are the subject of an FAQ response which I’ve posted here: “What Can I Do to Keep Costs Down?”
Should I Get a New Lawyer?
Apr 24 2008
In today’s FAQ response I address the common question of whether or not it’s time to hire a replacement attorney: “Should I Get a New Lawyer?”
Should I Empty the Joint Bank Account?
Mar 22 2008
If your considering whether or not to withdraw some or all of your money from a joint bank account in anticipation of divorce, read this FAQ: “Should I Empty the Joint Bank Account.”
Can I Close Joint Credit Card Accounts?
Jan 07 2007
Unless you really need the credit yourself, it is generally a good idea to close joint credit card accounts pending divorce, to prevent your spouse from racking up debt in your name in a pre-divorce buying spree, which happens all the time. I discuss this topic and the related law in my response to this FAQ: “Can I Close Joint Credit Card Accounts?”