Some of us are old enough to remember the Archie Bunker archetype, and the disdain for his in-law Mike ‘Meathead’ Stivic famously portrayed in the iconic All in the Family sitcom. Understanding that sentiment might help those of us looking to understand how Minnesota courts look at nonmarital property in a divorce.
Family law attorneys often get asked about nonmarital property or premarital property and what those terms mean. They mean basically the same thing: the idea that a spouse can keep the divorce court from awarding stuff to their ex, if it can be shown that the property belonged to the spouse before marriage; or that it was given to them by someone other than their spouse.
Generally Minnesota divorce law provides that “[a]ll property obtained by either spouse during the marriage is presumed to be marital property.” Olsen v. Olsen, 562 N.W.2d 797, 800 (Minn. 1997). The Minnesota Supreme Court, in its 1997 Olsen decision, clarified that “a party seeking to overcome that presumption must demonstrate “by a preponderance of the evidence that the property is nonmarital.”
Property is nonmarital if it was “acquired as a gift made by a third party to one but not to the other spouse.” See Minn. Stat. §518.003. According to the Olsen decision, the intent of the “gift giver” is the most important consideration in that analysis.
“So Much More Than a Gift”
In Olsen the Minnesota Supreme Court decided it’s not enough to show that the ‘giver’ intended to give stuff only to one spouse. It’s gotta be shown that ‘giver’ did not intend to give to both spouses. In Olsen, Uncle gave his North Shore property to his niece and her then-husband; because he wanted to “keep it in the family”. The property had been in the family for more than 100 years, and Uncle thought that giving it to niece meant it would stay that way. Uncle should have been more careful.
The Minnesota Supreme Court found there was no evidence to suggest that Uncle wanted to exclude husband when he gave the property to niece, and throughout her marriage, she and husband used the property as a married couple. The Olsen court felt that niece therefore hadn’t overcome the presumption that the property was 100% marital, and 100 years of “keeping it in the family” was no more.
While watching Archie Bunker reruns may not be the conventional way of understanding Minnesota divorce law, he apparently had the attention of our lawmakers. Kicking in-laws to the curb to keep things “in the family”, at least per Olsen, is what’s needed to preserve non-marital property interests. For more information about nonmarital property interests in a divorce, please contact the lawyers at Beyer & Simonson.
Meet Tim Simonson
Tim has been practicing for more than twenty (20) years now, He's handled divorce, child support, child custody, third party and grandparent rights, domestic abuse, parenting time, and many other areas of family law. He always enjoys the chance to meet people and see whether he can help find solutions to their legal problems.
Contact Beyer & Simonson
If you are facing divorce and any of the divorce-related issues such as spousal maintenance, child support, child custody, property division, or domestic abuse matters, you need our experienced Minneapolis divorce attorneys to help you. Contact Beyer & Simonson in Edina, Minnesota today at (952) 303-6007.
