Cited by
Opinions in Minnesota that cite Marriage of Filkins v. Filkins, 347 N.W.2d 526.
-
In re the Marriage of: Robert Thomas Brown, petitioner, Respondent,
Minn. Ct. App. 2022
706, 712 (Minn. App. 1996); rev. denied (Minn. May 29, 1986); -29 (Minn. App. 1984) (concluding as a matter of first impression that debts are apportionable as property 11 under the definition of marital property in the precursor to Minn. Stat. § 518.003, subd.
- A20-1261 Minn. Ct. App. 2021
-
In re the Marriage of:
Minn. Ct. App. 2020
Our precedent establishes that attorney fees acquired in a marital dissolution “are not part of the marital estate, and thus are not apportionable as property.” Bone, d at 452; see also Filkins v. Filkins , (stating that “[a]ttorney’s fees for the dissolution are not part of the marital estate” and “should not therefore be considered” in a property division).
- In re the Marriage of: Minn. Ct. App. 2020
-
In re the Marriage of:
Minn. Ct. App. 2020
Filkins v. Filkins , (M inn.
- In re the Marriage of: Tarah Ann Aanerud v. James Richard Aanerud Minn. Ct. App. 2015
-
In re the Marriage of: Tarah Ann Aanerud v. James Richard Aanerud
Minn. Ct. App. 2015
–29 (Minn. App. 1984) (affirming the apportionment of $32,000 of debt to husband and $4,000 of debt to wife where most of the debts were entered into by husband for his own purposes).
- Marriage of Chamberlain v. Chamberlain 615 N.W.2d 405 Minn. Ct. App. 2000
-
Marriage of Chamberlain v. Chamberlain
615 N.W.2d 405
Minn. Ct. App. 2000
Lenzmeier v. Lenzmeier, 304 Minn. 568, 571 , -29 (Minn.App.1984); (holding that, in equity, the district court may apportion all the debt to one party even though the other party receives the benefit of payment).
- Marriage of Bone v. Bone 438 N.W.2d 448 Minn. Ct. App. 1989
- Marriage of Bone v. Bone 438 N.W.2d 448 Minn. Ct. App. 1989
- Marriage of Foster v. Childers 416 N.W.2d 781 Minn. Ct. App. 1987
-
Marriage of Foster v. Childers
416 N.W.2d 781
Minn. Ct. App. 1987
this court held that “[ajttorney’s fees for the dissolution are not part of the marital estate.” Therefore, they were not to be considered as apportionable property in a property settlement.
- Marriage of Dorweiler v. Dorweiler 413 N.W.2d 572 Minn. Ct. App. 1987
- Marriage of Southwell v. Southwell 413 N.W.2d 580 Minn. Ct. App. 1987
-
Marriage of Dorweiler v. Dorweiler
413 N.W.2d 572
Minn. Ct. App. 1987
II A court has broad discretion in dividing marital property, and if the division is equitable, there is no requirement that it be equal.
- Marriage of Southwell v. Southwell 413 N.W.2d 580 Minn. Ct. App. 1987
- Marriage of O'Donnell v. O'Donnell 412 N.W.2d 394 Minn. Ct. App. 1987
- Marriage of O'Donnell v. O'Donnell 412 N.W.2d 394 Minn. Ct. App. 1987
- Marriage of Melina v. Melina 411 N.W.2d 204 Minn. Ct. App. 1987
- Marriage of Melina v. Melina 411 N.W.2d 204 Minn. Ct. App. 1987
- Marriage of Lenz v. Lenz 409 N.W.2d 68 Minn. Ct. App. 1987
-
Marriage of Lenz v. Lenz
409 N.W.2d 68
Minn. Ct. App. 1987
DISCUSSION I Debts are apportionable in a dissolution, and the court has discretion to award debts to one party only.
- Marriage of Wolter v. Wolter 395 N.W.2d 417 Minn. Ct. App. 1986
-
Marriage of Wolter v. Wolter
395 N.W.2d 417
Minn. Ct. App. 1986
(debts awarded to party who has incurred them for his own purposes); (not abuse of discretion to award debt based on relative ability to pay and uncertainty of party’s obligation to his parents).
- Schuck v. Schuck 390 N.W.2d 2 Minn. Ct. App. 1986
- Schuck v. Schuck 390 N.W.2d 2 Minn. Ct. App. 1986
- Marriage of Wilson v. Wilson 388 N.W.2d 432 Minn. Ct. App. 1986
-
Marriage of Wilson v. Wilson
388 N.W.2d 432
Minn. Ct. App. 1986
The trial court did not abuse its discretion in dividing the marital property equally between the parties, or in apportioning to Wilson the debts he incurred for his own purposes
- Marriage of Hattstrom v. Hattstrom 385 N.W.2d 332 Minn. Ct. App. 1986
-
Marriage of Hattstrom v. Hattstrom
385 N.W.2d 332
Minn. Ct. App. 1986
“Debts are apportionable under Minnesota’s statute.”
- Justis v. Justis 384 N.W.2d 885 Minn. Ct. App. 1986
- Justis v. Justis 384 N.W.2d 885 Minn. Ct. App. 1986
- Marriage of Schultz v. Schultz 383 N.W.2d 379 Minn. Ct. App. 1986
- Marriage of Hemingway v. Hemingway 383 N.W.2d 697 Minn. Ct. App. 1986
- Marriage of Hemingway v. Hemingway 383 N.W.2d 697 Minn. Ct. App. 1986
-
Marriage of Schultz v. Schultz
383 N.W.2d 379
Minn. Ct. App. 1986
Although she recognizes that liens have been approved, she argues that respondent should pay her her share of the equity of the home immediately.
- Marriage of Tailor-Navsaria v. Tailor-Navsaria 374 N.W.2d 805 Minn. Ct. App. 1985
-
Marriage of Tailor-Navsaria v. Tailor-Navsaria
374 N.W.2d 805
Minn. Ct. App. 1985
(citing Posselt v. Posselt, 271 Minn. 575 , ).
- Marriage of Wehner v. Wehner 374 N.W.2d 569 Minn. Ct. App. 1985
- Marriage of Wehner v. Wehner 374 N.W.2d 569 Minn. Ct. App. 1985
- Marriage of Andersen v. Andersen 374 N.W.2d 499 Minn. Ct. App. 1985
- Marriage of Charlson v. Charlson 374 N.W.2d 473 Minn. Ct. App. 1985
- Marriage of Andersen v. Andersen 374 N.W.2d 499 Minn. Ct. App. 1985
- Marriage of Charlson v. Charlson 374 N.W.2d 473 Minn. Ct. App. 1985
- Marriage of Plaster v. Plaster 373 N.W.2d 604 Minn. Ct. App. 1985
- Marriage of Plaster v. Plaster 373 N.W.2d 604 Minn. Ct. App. 1985
- Marriage of Frederiksen v. Frederiksen 368 N.W.2d 769 Minn. Ct. App. 1985
-
Marriage of Frederiksen v. Frederiksen
368 N.W.2d 769
Minn. Ct. App. 1985
we held that marital debts may be apportioned between the parties under the same principle as marital property.
- Marriage of Goar v. Goar 368 N.W.2d 348 Minn. Ct. App. 1985