Non-Marital Property

In Minnesota there is a distinction between marital property and non-marital property. Marital property is subject to division between the parties, whereas a party's non-marital property is subject to division only in limited circumstances and to a limited degree. Non-marital property means property, real or personal, acquired by either spouse, before, during or after the existence of their marriage, which:

1. Is acquired as a gift, bequest, devise or inheritance made by a third party to one but not to the other spouse;
2. Is acquired before the marriage;
3. Is acquired in exchange for or is the increase in value of property which is described in clauses 1, 2, 4, and 5;
4. Is acquired by a spouse after the valuation date; or
5. Is excluded by a valid antenuptial contract. The court may divide non-marital assets if it finds that either spouse's resources or property are so inadequate as to work an unfair hardship.