You and your spouse are getting a divorce, but at the moment, you feel like you’re at a standstill. On one hand, you know that certain assets are going to be yours in the settlement, but on the other, you’re not sure you can take those until the settlement is finalized. You want to do what’s right, so you don’t end up in legal trouble, but you also need to start moving assets and using them to support yourself.
Generally speaking, you should not do anything with your assets until you have a settlement in hand. At that point, you can begin to separate items and take them into your own home, sell them or take other actions. If you and the other party have an agreement but the paperwork hasn’t been finalized yet, taking assets away early could lead to trouble if the agreement is later thrown out or altered.
What’s the big deal about taking the assets you want?
If you take assets you want, such as cleaning out the bank account of your shared $20,000 in savings or driving both shared vehicles to your location, you could end up having the court telling you to return them. Even if the assets are disclosed, what you do with the assets still has to be determined.
If you need assets now and can’t afford to wait for them, you may have another option. That option is known as Rule 43.
What is Rule 43?
Rule 43 is also known as interim relief and is a way that you can ask for support while waiting for the divorce to be finalized. Rule 43 allows you to seek spousal maintenance, so you can have the financial support you need until the assets you have are able to be divided between yourself and your spouse.
Getting a divorce in Minnesota can be complex, but you can get through it. With the right help, you can seek the assets you want and bide your time until you can take them into your possession. There are options to help you support yourself as you wait for the divorce decree.
