Is Minnesota a community property state?

1. Dividing property at divorce

   The court makes a just and equitable division of marital property without regard to marital misconduct, based on listed factors.^[1]

   “the court shall make a just and equitable division of the marital property of the parties without regard to marital misconduct, after making findings regarding the division of the property.”^[1]

   Minn. Stat. § 518.58, subd. 1 · checked October 26, 2026

2. Marital property

   Marital property is property acquired by either spouse during the marriage and before the valuation date; such property is presumed marital however it is titled.^[2]

   “All property acquired by either spouse subsequent to the marriage and before the valuation date is presumed to be marital property regardless of whether title is held individually or by the spouses in a form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or community property.”^[2]

   Minn. Stat. § 518.003, subd. 3b · checked October 26, 2026

3. Nonmarital property

   Nonmarital property includes gifts and inheritances from a third party to one spouse, property acquired before marriage or after the valuation date, property exchanged for or growth in such property, and property excluded by an antenuptial contract.^[2]

   “‘Nonmarital property’ means property real or personal, acquired by either spouse before, during, or after the existence of their marriage, which (a) is acquired as a gift, bequest, devise or inheritance made by a third party to one but not to the other spouse; (b) is acquired before the marriage …”^[2]

   Minn. Stat. § 518.003, subd. 3b · checked October 26, 2026

Not legal advice. Plain-English summaries of Minnesota’s statutes as of the date shown on each, with the text quoted. Whether a particular asset is marital, community or separate depends on the facts, and courts apply the law case by case. Read the linked source or ask a lawyer licensed in Minnesota.