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Eric Carlisle Nelson
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Eric Nelson’s Legal Guides

64 total


  • Name Changes in Minnesota Divorce and Custody Cases

    I.Name Changes of Parties in Divorce.Outside of divorce proceedings, a name change is a separate legal action requiring a separate case filing fee, various forms, and a court hearing with witnesses. [1] As part of a divorce proceeding, however, a name change can be easily obtaine...

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  • Tax Issues in Minnesota Divorce

    This article discusses some of the more common and important tax considerations in Minnesota divorce cases.I. Taxes and Spousal Maintenance.The default rule on income taxes and spousal maintenance is very simple: spousal maintenance is deductible above-the-line when determining a...

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  • Debt Allocation in Minnesota Divorce Cases

    The Court has broad discretion to divide marital debt in any manner that has an acceptable basis in fact and principle. [1] Typically, the marital debts are included as part of the same balance sheet that includes the marital assets, with the total estate being apportioned in...

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  • Deadbeat Spouses and Property Apportionment in Minnesota Divorce

    But, you say, my spouse is a lazy, good-for-nothing bum who refuses to work either at a job or around the house, and just watches TV and drinks beer all day long! Why should s/he get half?!In theory, the deadbeat spouse does not automatically get half of the marital estate. ...

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  • General Treatment of Real Estate in Minnesota Divorce Cases

    It often happens that one spouse or the other has a house prior to the marriage, but with an outstanding mortgage, which is in part paid off during the marriage. The Court has developed methods for apportioning the value of such real estate to give one spouse credit for his ...

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  • Apportionment of Pension and Retirement Interests in Minnesota Divorce

    Frequently, one party or the other has acquired a pension or retirement interest of some kind during the marriage. The portion of such a retirement interest that was acquired during the marriage is marital property, and becomes part of the marital estate subject to a just an...

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  • The Treatment of Income and Appreciation on Non-Marital Property, in Minnesota Divorce

    An increase in the value of non-marital property during the marriage is still non-marital. [1] For example, if you buy a painting prior to the marriage for $10,000, and during the marriage it increases in value to $100,000, the entire value of the painting remains non-marital...

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  • Treatment of Property That Is Partially Marital and Partially Non-Marital, in Minnesota Divorce.

    Some property may be both marital and non-marital. The most common example of this is with real estate or retirement accounts. For example, one spouse might have purchased a house prior to the marriage, but continued to pay down the mortgage during the marriage. In this ca...

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  • Non-Marital Property In Minnesota Divorce Cases

    There are two main forms of non-marital property: [1] Property acquired before the marriage (or in exchange for property acquired before the marriage); and Property acquired as a gift or inheritance made by a third party to one spouse but not the other (or any property acquire...

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  • The Definition and Treatment of Marital Property in Minnesota Divorce

    In Minnesota, all property acquired during the marriage by either party is presumed to be marital property. [1] This means that earnings and property acquired by either spouse are viewed as joint property. The philosophy underlying this is that marriage is a full partnership, ...

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