Strategies for Keeping the House in a Washington Divorce If the home was purchased by one or both spouses during the marriage, it legally belongs to both of you 50/50 when splitting divorce assets. So, to get the house in the divorce, you will need to buy your spouse out of your interest equity in the house.
Minnesota is an equitable division state when it comes to the division of assets and liabilities in divorce. Equitable division means assets and liabilities are divided in a way that is fair, which is not automatically a 50/50 split between the parties.
While Minnesota is not a community property states, you may be worried about dividing property that belongs to only one spouse. Fortunately, your inheritance may be safer than you think.
No, Minnesota is not a community property state. This means that while dividing marital assets may be equal, it doesn't have to be. It's completely possible for one spouse to be awarded more than half the assets acquired during the marriage.
There is no set number of years after which you become automatically entitled to half of all marital property in Minnesota. The court has broad discretion to divide assets equitably based on the facts of each case.
If you are married, you may give your one-half interest in community property through your will. If you die intestate and are survived by a spouse or partner, your entire one-half interest in community property will pass to your surviving spouse or partner.
Perhaps the most direct way to revoke your will is by destroying the document itself. The Revised Code of Washington (RCW 11.12. 040) makes it clear that a “burnt, torn, canceled, obliterated, or destroyed” will is no longer considered valid.
Washington treats inheritances the same as gifts. An inheritance to one spouse is that spouse's separate property, regardless when it occurs. Unlike gifts, there tends to be little argument whether the inheritance was to one spouse or both spouses.