Cited by
Opinions in Minnesota that cite Marriage of Sirek v. Sirek, 693 N.W.2d 896.
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In re the Marriage of: Angie Lynn Magnuson Swierzewski v. David Matthew Swierzewski
Minn. Ct. App. 2026
The law provides that equitable divisions need not be equal, and that a district court’s valuation of marital property need only have an “acceptable basis in fact” to pass clear-error review, Antone, d at 100.
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In the Marriage of: Todd Charles Sherette v. Melissa Ann Sherette
Minn. Ct. App. 2026
898 (Minn. App. 2005) (“District courts have broad discretion over the division of marital property and appellate courts will not alter a district court’ s property division absent a clear abuse of discretion or an erroneous application of the law.”) .
- In the Marriage of: Alisha Christine Steinolfson v. Christopher Steingrimur Steinolfson Minn. Ct. App. 2026
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In the Marriage of: Alisha Christine Steinolfson v. Christopher Steingrimur Steinolfson
Minn. Ct. App. 2026
And although the district court may not divide marital property based on any finding of fault, it is not prohibited from considering a spouse’s conduct that bears on the parties’ relative contributions toward the value of marital property
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In re the Marriage of: John A Laumann v. Kelly M Laumann
Minn. Ct. App. 2025
“District courts have broad discretion over the division of marital property and appellate courts will not alter a district court ’s property division absent a clear abuse of discretion or an erroneous application of the law.”
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In re the Matter of: Rodney Tristan Miller (Deceased) v. Pamela Marie Spera FKA Pamela Marie Miller, Maria …
Minn. Ct. App. 2025
(affirming district court’s adjustment to parties’ stipulated division of property to account for a decrease in value of an account); WL 6836788, at *3-5 (Minn. App. Dec.
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In re the Marriage of: Linda Beth Krelitz v. Michael James Krelitz
Minn. Ct. App. 2024
(noting that district court may consider parties’ “earning ability” and capacity to generate income when making distributions under section 518.58); (“[A]n equitable division of marital property is not necessarily an equal division.” (Quotation omitted.)).
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In re the Marriage of: Renee Caroline McGeary v. John Patrick McGeary
Minn. Ct. App. 2024
1; (explaining that the district court may consider a party’s contribution to preserving family land when dividing marital property).
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In re the Marriage of: Xiaoyan Sun v. Qiang Yang
Minn. Ct. App. 2023
“District courts have broad discretion over the division of marital property and appellate courts will not alter a district court’s property division absent a clear abuse of discretion or an erroneous application of the law.” Sirek v. Sirek , d 896, 898 (Minn. App. 2005).
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In re the Marriage of: Pamela Jo Pemberton v. Stephen Blake Pemberton
Minn. Ct. App. 2023
ny audits if [she] signed a marital income tax [return], and [she] wanted to be on [her] own with [her] own honest way of doing things.” The district court found Wife’s “explanation reasonable and credible, particularly after viewing the exhibits and hearing the testimony offered at trial.” “An e quitable division of marital property is not necessarily an equal division.” (quotation omitted).
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In re the Marriage of: Tabitha Ann Sanborn v. Matthew Charles Sanborn
Minn. Ct. App. 2023
“ [W]hile the district court must make a just and equitable division of the marital property, an equitable division of marital property is not necessarily an equal division.” 11 Husband does not appear to challenge what the district court labeled marital and nonmarital property.
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In re the Marriage of: Jodi Ann Mussehl v. Fred Richard Mussehl
Minn. Ct. App. 2023
“[W]hile the district court must make a just and equitable division of the marital property, an equitable division of marital property is not necessarily an equal 7 division.” (quotation omitted) ; see also Kaste v. Kaste , -31 (Minn. App. 1987) (affirming 57% to 43% division of marital property in light of wife ’s health , financial, educational, and occupational difficu lties), rev. denied (Minn. Mar.
- In re the Marriage of: Antoine Versabeau v. Hana Zewde Mekonnen Minn. Ct. App. 2023
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In re the Marriage of: Jessica Elizabeth Solinsky, n/k/a Jessica Elizabeth Grimm v. Joseph Clark Solinsky
Minn. Ct. App. 2022
“[W]hile the district court must make a just and equitable 3 division of the [parties’] marital property, ‘[a]n equitable division of marital property is not necessarily an equal division.’” ( rev. denied (Minn. Feb.
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In re the Marriage of: Brenda Anne Kiberu-Kalema, n/k/a/ Brenda Anne Kiberu v. Kizito David Kalema
Minn. Ct. App. 2021
Some caselaw militates against husband’s position: “[W]hile the district court must make a just and equitable division of the marital property, an equitable division of marital property is not necessarily an equal division.” Sirek v. Sirek , (quotation omitted).
- In re the Marriage of: Kimberley Jane Thomas v. Augustus Conrade Thomas Minn. Ct. App. 2021
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In re the Marriage of: Francis Stephen Gill v. Gretchen Zwakman Gill
Minn. Ct. App. 2020
1; (reversing and remanding division of marital property with specific instructions that the district court “may consider factors such as appellant’s contribution to the preservation of the [property]” and to adjust the marital property division to acc ount for a substantial change in value of t
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In re the Marriage of: Charles Robert Aufenthie v. Heidi Christine Aufenthie
Minn. Ct. App. 2020
“District courts have broad discretion over the division of marital property and appellate courts will not alter a district 22 court’s property division absent a clear abuse of discretion or an erroneous application of the law.”
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In re the Marriage of: Jonathon Henry Ortner v. Margaret Eleanor Ortner
Minn. Ct. App. 2020
d 564, 566 (Minn. App. 1984) (“A [district] court’s division of marital property need not be mathematically equal.”).
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Brian J. Henel v. Rosario Salas, Chase Manhattan Mortgage Corporation
Minn. Ct. App. 2020
(addressing equitable division of marital assets).
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In the Marriage of: Debra Lynn Ober v. Randall Lane Ober
Minn. Ct. App. 2019
11 income, and the contribution of each party in the preservation of the marital property.” see Minn. Stat. § 518.58, subd.
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In re the Marriage of: Kristy Ann Ryan v. Jeffrey Alan Ryan
Minn. Ct. App. 2019
A district court has broad discretion to divide marital 8 property, which this court will not reverse “absent a clear abuse of d iscretion or an erroneous application of the law.”
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In re the Marriage of: Faye Karen Bernstein (A18-1402) (A18-1408) v. Scott Tomi Gilbert (A18-1402) (A18-1408)
Minn. Ct. App. 2019
“When dividing marital property, the district court may consider many factors, such as the length of the marriage, sources of income, and the contribution of each party in the preservation of the marital property.” ; see Minn. Stat. § 518.58, subd.
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In re the Marriage of: Kathleen Marie Tiedke, nka Kathleen Marie Freitag v. Alex Lee Tiedke
Minn. Ct. App. 2019
A district court abuses its discretion in dividing property if it resolves the matter in a manner “that is against logic and the facts on record.” Rutten v. Rutten , see also Sirek v. Sirek , d 896, 898 (Minn. App. 2005).
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In re the Marriage of: David Michael Kedrowski v. Olga Kedrowski
Minn. Ct. App. 2019
“District courts have broad discretion over the division of marital property and appellate courts will not alter a district court’s property division absent a clear abuse of discretion or an erroneous application of the law.” Sirek v. Sirek
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In re the Marriage of: Amy Alyssa Post v. Samuel Morton Post, III
Minn. Ct. App. 2019
1 (2018); d 896, 899 (Minn. App. 2005).
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In re the Marriage of: Laurie S. Morris Hiniker a/k/a Laurie Suzette Morris v. Robert Lee Hiniker
Minn. Ct. App. 2019
Husband’s claim is also meritles s. “District courts have broad discretion over the division of marital property and appellate courts will not alter a district court’s property division absent a clear abuse of discretion or an erroneous application of the law.”
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In re the Marriage of: Jesse A. Freking v. Audra Jo Buxengard f/k/a Audra Jo Freking
Minn. Ct. App. 2018
(“The district court may not divide the property on the basis of marital misconduct.”).
- In re the Marriage of: Bijoy Raghavan v. Smeeta Antony Minn. Ct. App. 2018
- In re the Marriage of: Amy Marie Causton v. Paul Ronald Causton Minn. Ct. App. 2018
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In re the Marriage of: Lynn J. Dreger v. Richard C. Dreger
Minn. Ct. App. 2018
“District courts have broad discretion over the division of marital property and appellate courts will not alter a district cour t’s property division absent a clear abuse of discretion or an erroneous application of the law.”
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In re the Marriage of: Sandra Kay Vogt v. Gary Dennis Vogt
Minn. Ct. App. 2018
“District courts have broad discretion over th e division of marital property and appellate courts will not alte r a district court’s property division absent a clear abuse of discretion or an erroneous application of the law.”
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In re the Marriage of: Patricia Rose Whipps v. Richard Cordell Whipps
Minn. Ct. App. 2017
Rutten v. Rutten , Sirek v. Sirek
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In re the Marriage of: Glenn Alan LaTour v. Nancy Jean LaTour
Minn. Ct. App. 2017
Division of marital assets “District courts have broad discretion over the division of marital property and appellate courts will not alter a district cour t’s property division absent a clear abuse of discretion or an erroneous application of the law.” Sirek v. Sirek
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In re the Marriage of: Andrew Scott Green v. Julie Ann Green
Minn. Ct. App. 2017
“District courts have broad discretion over the division of marital property and appellate courts will not alter a di strict court’s property division absent a clear abuse of discretion or an erroneous application of the law.”
- In re the Marriage of: Tracy Wong Belcher v. Benjamin Moore Belcher, III Minn. Ct. App. 2017
- In re the Marriage of: Cassie Marie Birr v. Darrin John Birr Minn. Ct. App. 2017
- In re the Marriage of: Michelle Beth Kremer v. Robbie Michael Kremer 889 N.W.2d 41 Minn. Ct. App. 2017
- In re the Marriage of: Michelle Beth Kremer v. Robbie Michael Kremer 889 N.W.2d 41 Minn. Ct. App. 2017
- Victoria L. Sloan v. Kelly O'Neil, Regina Sabbia, Kerrie Cathcart, Uptown Realty & Management, LLC Minn. Ct. App. 2016
- Victoria L. Sloan v. Kelly O'Neil, Regina Sabbia, Kerrie Cathcart, Uptown Realty & Management, LLC Minn. Ct. App. 2016
- In re the Marriage of: Christopher Hutchenson Owen v. Angela Dawn Owen Minn. Ct. App. 2016
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In re the Marriage of: Christopher Hutchenson Owen v. Angela Dawn Owen
Minn. Ct. App. 2016
“District courts have broad discretion over the division of marital property and appellate courts will not alter a district court’s property division absent a clear abuse of discretion or an erroneous application of the law.”
- In re the Marriage of: Andrew James Carl Trupe v. Christin Marie Sohns Minn. Ct. App. 2016
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In re the Marriage of: Andrew James Carl Trupe v. Christin Marie Sohns
Minn. Ct. App. 2016
“District courts have broad discretion over the division of marital property and appellate courts will not alter a district court’s property division absent a clear abuse of discretion or an erroneous application of the law.”
- In re the Marriage of: Christina Marie Rexine v. Joey Lee Rexine Minn. Ct. App. 2015
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In re the Marriage of: Christina Marie Rexine v. Joey Lee Rexine
Minn. Ct. App. 2015
“District courts have broad discretion over the division of marital property and appellate courts will not alter a district court’s property division absent a clear abuse of discretion or an erroneous application of the law.”
- In re the Marriage of: Nicole Ruth Sela v. Amit Yitzhak Sela Minn. Ct. App. 2015
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In re the Marriage of: Nicole Ruth Sela v. Amit Yitzhak Sela
Minn. Ct. App. 2015
“District courts have broad discretion over the division of marital property and appellate courts will not alter a district court’s property division absent a clear abuse of discretion or an erroneous application of the law.”
- In re the Marriage of: Gregory Ross Wickenhauser v. Denise Esther Wickenhauser, n/k/a Denise Esther Peterson (A14-0417), and … Minn. Ct. App. 2015