Cited by

To overcome the presumption of marital property, a spouse must prove, by the preponderance of the evidence, that the property is “nonmarital property.” d 644, 649-50 (Minn. 2008).

Whether property is marital or nonmarital is a question of law that this court reviews independently, but we give “deference to the district court’s findings of fact.”

Appellate courts “independently review the issue of whether property is marital or nonmarital, giving deference to the district court’s findings of fact.”

“We independently review the issue of whether property is marital or nonmarital, giving deference to the district court’s findings of fact.”

“We independently review the issue of whether property is marital or nonmarital, giving deference to the district court’s findings of fact.”

“The idea of marital property is ‘grounded in the principle that marriage is a partnership and that each partner should get out of the marriage a fair share of what was put into it.’” Gill, d at 302 ().

3b(d) (2022) (“property acquired by either spouse subsequent to the marriage and before the valuation date is presumed to be marital property”); -50 (Minn. 2008).

B. Attorney Fees Generally, the payment by a party to a marital dissolute proceeding of attorney fees is not a payment “in the usual course of business or for the necessities of life.”

see Baker v. Baker , (noting this aspect of the Wiegers opinion).

ta statute, dissipation occurs when “ a party to a marriage, without consent of the other party, has in contemplation of commencing, or during the pendency of, the current dissolution, separation, or annulment proceeding, transferred, encumbe red, concealed, or disposed of marital assets except in the usual course of business or for the necessities of life.” Id.; see, e.g., Baker v. Baker , (quoting the statute when describing the test for dissipation).

Dissipation occurs when a party to a marriage, without the consent of the other party, in contemplation of commencing or during the pendency of the current dissolutio n, “transferred, encumbered, concealed, or disposed of marital assets except in the usual course of business or for the necessities of life.” Baker v. Baker , 10 (Minn. 2008).

” 50 (Minn. 2008) ; see also Gottsacker, d at 853

(remanding to court of appeals to address unresolved arguments that were not before our court).

Appellate courts “independently review the issue of whether property is marital or nonmarital, giving deference to the district court’s findings of fact.”

ta statute, dissipa tion occurs when “a party to a marriage, without consent of the other party, has in contemplation of commencing, or during the pendency of, the current dissolution, separation, or annulment proceeding, transferred, encumbered, concealed, or disposed of marital assets except in the usual co urse of business or for the necessities of life.” Id.; see, e.g. , Baker v. Baker , (quoting the statute when describing the test for dissipation); Risk ex rel.

16 Appellate courts “independently review the issue of whether property is marital or nonmarital, giving deference to the district court’s findings of fact.”

Baker v. Baker , , 650 (Minn. 2008).

Baker v. Baker , , 653 (Minn. 2008).

” (quotation marks omitted) .

Id.; (stating that “[appellate courts] independently review the issue of whether property is marital or nonmarital, giving deference to the district court’s findings of fact”).

[I]f [the reviewing court is] left with the definite and firm convi ction that a mistake has been made, [it] may find the [district] court’s decision to be clearly erroneous, notwithstanding the existence of evidence to support such findings.” Olsen v. Olsen , (quotation and citation omitted); (stating that “[appellate courts] independently review the issue of whether property is marital or nonmarital, giving deference to the di strict court’s findings of fact”).

9 whether property is marital or nonmarital, giving deference to the district court’s findings of fact.”

Appellate courts “independently review the issue of whether property is marital or nonmarital, giving deference to the district court’s findings of fact.”

“‘[A]n increase in the value of nonmarital property attributable to inflation or to market forces or conditions[] retains its nonmarital character.’” ().