HF 2096

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to marriage dissolution; requiring certain
information in summary real estate disposition
judgments; making the judgments recordable;
identifying pension plans subject to marital property
division; amending Minnesota Statutes 2004, sections
518.191, subdivisions 2, 4; 518.58, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 518.191,
subdivision 2, is amended to read:

Subd. 2.

Required information.

A summary real estate
disposition judgment must contain the following information:
(1) the full caption and file number of the case and the title
"Summary Real Estate Disposition Judgment"; (2) the dates of the
parties' marriage and of the entry of the judgment and decree of
dissolution; (3) the names of the parties' attorneys or if
either or both appeared pro se; (4) the name of the judge and
referee, if any, who signed the order for judgment and decree;
(5) whether the judgment and decree resulted from a stipulation,
a default, or a trial and the appearances at the default or
trial; (6) new text begin if the judgment and decree resulted from a
stipulation, whether disposition of the property was stipulated
to by legal description; (7) if the judgment and decree resulted
from a default, whether the petition contained the legal
description of the property and disposition was made in
accordance with the request for relief, and service of the
summons and petition was made personally pursuant to the Rules
of Civil Procedure, Rule 4.03(a), or Minnesota Statutes, section
543.19; (8) new text end whether either party changed the party's name
through the judgment and decree; deleted text begin (7) deleted text end new text begin (9) new text end the legal description
of each parcel of real estate; deleted text begin (8) deleted text end new text begin (10) new text end the name or names of the
persons awarded an interest in each parcel of real estate and a
description of the interest awarded; deleted text begin (9) deleted text end new text begin (11) new text end liens, mortgages,
encumbrances, or other interests in the real estate described in
the judgment and decree; and deleted text begin (10) deleted text end new text begin (12) new text end triggering or contingent
events set forth in the judgment and decree affecting the
disposition of each parcel of real estate.

Sec. 2.

Minnesota Statutes 2004, section 518.191,
subdivision 4, is amended to read:

Subd. 4.

Transfer of property.

The summary real estate
disposition judgment operates as a conveyance and transfer of
each interest in the real estate in the manner and to the extent
described in the summary real estate disposition
judgment. new text begin Recording of a certified copy of the judgment and
decree or summary real estate disposition judgment is sufficient
to transfer title, create a lien, or effect any other
disposition ordered in the judgment, without a deed or other
conveyance.
new text end

Sec. 3.

Minnesota Statutes 2004, section 518.58,
subdivision 4, is amended to read:

Subd. 4.

Pension plans.

(a) The division of marital
property that represents pension plan benefits or rights in the
form of future pension plan payments:

(1) is payable only to the extent of the amount of the
pension plan benefit payable under the terms of the plan;

(2) is not payable for a period that exceeds the time that
pension plan benefits are payable to the pension plan benefit
recipient;

(3) is not payable in a lump sum amount from new text begin defined
benefit new text end pension plan assets attributable in any fashion to a
spouse with the status of an active member, deferred retiree, or
benefit recipient of a pension plan;

(4) if the former spouse to whom the payments are to be
made dies prior to the end of the specified payment period with
the right to any remaining payments accruing to an estate or to
more than one survivor, is payable only to a trustee on behalf
of the estate or the group of survivors for subsequent
apportionment by the trustee; and

(5) in the case of new text begin defined benefit new text end public pension plan
benefits or rights, may not commence until the public plan
member submits a valid application for a public pension plan
benefit and the benefit becomes payable.

(b) The individual retirement account plans established
under chapter 354B may provide in its plan document, if
published and made generally available, for an alternative
marital property division or distribution of individual
retirement account plan assets. If an alternative division or
distribution procedure is provided, it applies in place of
paragraph (a), clause (5).