Marital and Nonmarital Property in Minnesota
Minnesota presumes property acquired during the marriage and before the valuation date is marital regardless of title, and the spouse claiming nonmarital property must show it was a gift or inheritance, acquired before the marriage, an exchange or increase of such property, acquired after valuation or excluded by antenuptial contract.
Marital property
“Marital property” means property, real or personal, including vested public or private pension plan benefits or rights, acquired by the parties, or either of them, at any time during the marriage and before the valuation date. All property acquired by either spouse after the marriage and before the valuation date is presumed to be marital regardless of whether title is held individually or in a form of co-ownership (Minn. Stat. 518.003, subd. 3b).
Nonmarital property
The presumption of marital property is overcome by showing the property is nonmarital. Nonmarital property is property acquired before, during or after the marriage that: (a) is a gift, bequest, devise or inheritance made by a third party to one but not to the other spouse; (b) was acquired before the marriage; (c) was acquired in exchange for, or is the increase in value of, property described in (a), (b), (d) and (e); (d) is acquired by a spouse after the valuation date; or (e) is excluded by a valid antenuptial contract.
The burden
Because the presumption is marital, the spouse claiming nonmarital property has to show it. Keep records that trace the property to a gift, inheritance or premarital asset.
Pensions
Vested pension benefits and rights accrued to the end of the month in which the marital assets are valued are marital property.
Evidence that helps
Dated statements from before the wedding, deeds, gift and inheritance documents, an antenuptial contract and account records showing the source of funds.
Keeping the right paperwork
Keep inherited and premarital funds in accounts in your name alone, avoid using them for the family’s expenses, and keep the gift and inheritance documents.
In the calculator
The Minnesota property division calculator keeps nonmarital property out of the division.
Frequently asked questions
What is marital property in Minnesota?
Property acquired by either spouse during the marriage and before the valuation date, presumed marital whatever the title.
What is nonmarital property in Minnesota?
Gifts and inheritances to one spouse, property acquired before the marriage, exchanges and increases in value of those, property acquired after the valuation date and property excluded by a valid antenuptial contract.
Is a pension marital property in Minnesota?
Vested pension benefits and rights accrued during the marriage are marital property.
Who has to prove nonmarital property in Minnesota?
The spouse who claims it, because the presumption is that property acquired during the marriage is marital.
Does titling a house in one name make it nonmarital in Minnesota?
No. Property acquired during the marriage is presumed marital regardless of title.
Official sources
- Minn. Stat. 518.58: division of marital property
- Minn. Stat. 518.003: marital and nonmarital property
- IRS Publication 555: community property states
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Minnesota statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Minnesota attorney.