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An equitable division of property can be difficult when the homestead is the only asset with equity and won’t be sold immediately. A marital lien in favor of the party moving out may be the only option but careful consideration must be given when drafting the decree to ensure all parties’ intentions are fulfilled.
Read family law attorneys Alan C. Eidsness and Jaime Driggs’ article, “Marital Liens: The Importance of Clarity,” on what steps to take to avoid post-decree litigation resulting from ambiguity in lien language.
The article is part of a series previously printed in Minnesota Lawyer covering topics relevant to the area of family law.