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Can my ex-spouse take half of my ski lodge?

Most spouses going through divorce will be concerned about child custody first and asset division second. Nevertheless, asset division disagreements are the most likely to result in the breakdown of peaceful divorce negotiations.

This is because we become attached to our possessions, and it's hard to give them up. For example, imagine you have a ski lodge where you enjoy escaping during winter weekends every year. You and your family have enjoyed many happy memories at the ski lodge, and you obviously want to keep it for as long as you're able to ski and enjoy the fresh mountain air. The problem is, your soon-to-be-ex wants to keep the ski lodge too.

Some spouses might be able to find a creative solution to this dilemma through an out of court settlement. Perhaps you'll both decide to continue owning the property jointly, and develop a schedule that allows you to enjoy the property on alternate weekends. Alternatively, you might make an agreement with your ex-spouse to essentially buy him or her out. You can compensate your spouse with other property during asset division, or even take out a mortgage to cover the cost of his or her share of the property.

If no agreement can be reached regarding the property, a judge might consider other factors to choose one person over the other who will keep the property. Perhaps, for example, you owned the property before your marriage, and it will be considered as separate property that you don't have to divide. At the end of the day, if nothing seems to work and no agreements can be made, you might have to liquidate the property and divide the proceeds with your ex.

At Berg Debele Desmidt & Rabuse, we eagerly assist Hennepin spouses in finding workable and diplomatic solutions to their asset division disputes. In the event that no agreement can be made, however, we will aggressively defend our client's marital property rights in court.

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