non-marital interest calculator

Please note that there are many factors that influence a non-marital characterization of property. This is not legal advice, and you should not act on it. You should consult an experienced family law attorney regarding valuation, strategy, and legal arguments regarding non-marital property

In Minnesota, all property either spouse acquires during the marriage is considered marital property, which means the court can divide it between you and your spouse.  Property can be excluded from division if it meets the definition of non-marital property. The most common types of non-marital assets are those you owned before the marriage, or those you received as a gift or inheritance during the marriage. 

In the case of Schmitz v. Schmitz, the Minnesota Supreme Court set out a formula for calculating what percentage of your home's value is non-marital. A party's nonmarital interest is the proportion his or her net equity at the date of the marriage bore to the value of the property at the date of the marriage. It's less complicated than it sounds.

The calculator above applies the Schmitz formula to determine a possible value to a party's non-marital interest in a home based on the values you assign.