Property & Debts

New FAQ about Buying and Selling Real Estate Pending Divorce

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"

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

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

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

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?

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?

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?

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?

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?

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?

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?

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?