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How property division works in the state of Minnesota

As an equitable distribution state, Minnesota enforces a division of assets that is "fair" given the circumstances of the marriage, and subsequent divorce, of two people. What is important to note about equitable distribution and the "fair" division of assets is that this doesn't mean that the assets will be divided equally. There is no guarantee that one spouse will get "50 percent" and the other spouse gets the other "50 percent." It could happen, but it is far more likely that the division of property will not be "equal." Instead, the division will adequately and fairly reflect the circumstances of the marriage and divorce.

Given this type of property division, it is very important for couples who are going through a divorce to be prepared to negotiate and talk about property division before their case gets to court. This is because a judge may not rule in a way that either spouse anticipates, leaving them with less than what they wanted in terms of property and assets.

If you and your soon-to-be-former spouse can hold good-faith discussions about property division, then the two of you can come to an agreement about how your assets should be divided. Such a customized agreement is often more beneficial and acceptable to the spouses involved in the divorce.

No matter what your situation is in your divorce regarding property division, it is always beneficial to have an experienced family law attorney by your side to ensure your case is handled in a proper and efficient way.

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