When a relationship ends—whether it’s a marriage or a long-term partnership—there’s more than emotional healing to navigate. There are legal, financial, and practical decisions that can have long-lasting consequences. And for many, two of the most difficult issues to manage simultaneously are custody and property division.
Trying to untangle what’s best for your children while dividing everything you’ve built together can feel overwhelming. But with clarity, the right legal guidance, and a forward-focused plan, you can handle both—and walk away with your future intact.
Start With Your Priorities
Your children and your peace of mind should come first. Before diving into numbers, titles, or assets, take time to define what matters most.
Ask yourself:
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What kind of parenting arrangement supports your child’s emotional and physical well-being?
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What do you need, financially and personally, to move forward with stability?
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What do you want to protect—your relationship with your children, your home, your financial future?
This is your chance to take control of your next chapter.
Understand That Custody and Property Are Legally Separate
In Minnesota, custody and property division are handled in the same legal proceeding, but they are considered separately by the court.
Custody decisions focus on:
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Legal custody (decision-making authority)
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Physical custody (where the child lives)
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Parenting time and holiday schedules
Property division addresses:
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Marital vs. non-marital property
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Division of assets like the home, vehicles, retirement accounts
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Division of debts and liabilities
The court is focused on two different standards:
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For custody: What’s in the best interest of the child?
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For property: What is an equitable (fair) division between the parties?
That means one outcome doesn’t automatically affect the other. Just because one parent receives more parenting time doesn’t mean they receive more assets—or vice versa.
Don’t Assume You Can “Work It Out Later”
Many people want to focus on one issue at a time, especially when emotions are high. But custody and property are deeply intertwined—especially if you’re co-parenting and sharing expenses.
Consider:
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Who stays in the house, and is it sold later?
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Who pays for children’s activities, school supplies, and medical expenses?
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How will child support or spousal maintenance be calculated?
A clear, comprehensive agreement ensures that everyone understands their responsibilities—and protects you from conflict or financial strain down the road.
Mediation Can Help Bridge the Gap
Trying to tackle custody and property division all at once doesn’t mean it has to be contentious. In fact, many families find resolution outside of the courtroom.
Mediation offers a neutral, guided space to work through:
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Custody schedules and decision-making
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Division of assets and debts
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Ongoing financial arrangements
Working with the right mediator—or team of legal professionals—can help keep the process child-focused, fair, and efficient. At Johnson/Turner, our customized solutions are designed to meet families where they’re at, whether you’re on the same page or facing conflict.
Know What the Court Looks For
If your case does end up in court, the judge will weigh several factors:
In custody cases, they’ll consider:
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The child’s relationship with each parent
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The child’s needs and how each parent meets them
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The ability of parents to co-parent and communicate
In property division, they’ll review:
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What assets and debts are marital or non-marital
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Each party’s contributions (financial and non-financial)
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The economic circumstances of each party after separation
Preparation is key—having documentation, clarity, and legal support will go a long way in presenting your case and protecting your rights.
You Don’t Have to Do This Alone
Whether you’re already in the middle of a legal case or just beginning to consider your options, we’re here to help you move forward with confidence. Our team of experienced family law attorneys will help you address both custody and property division—strategically, compassionately, and with your future in mind.
At Johnson/Turner, you don’t just get a lawyer—you get a legal partner, a support team, and a clear path forward.
Need clarity on custody or property division? Let’s talk.
📞 Book your no-obligation guidance call today and take the first step toward defining your next chapter.











