HF 38

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to real property; providing for certain conveyances of the homestead;
amending Minnesota Statutes 2006, section 507.02.

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

Section 1.

Minnesota Statutes 2006, section 507.02, is amended to read:

507.02 CONVEYANCES BY SPOUSES; POWERS OF ATTORNEY.

If the owner is married, no conveyance of the homestead deleted text begin , except a mortgage for
purchase money under section 507.03, a conveyance between spouses pursuant to section
500.19, subdivision 4, or a severance of a joint tenancy pursuant to section 500.19,
subdivision 5, deleted text end shall be valid without the signatures of both spouses. A spouse's signature
may be made by the spouse's duly appointed attorney-in-fact.

A husband and wife, by their joint deed, may convey the real estate of either. A
spouse, by separate deed, may convey any real estate owned by that spouse, except the
homestead, subject to the rights of the other spouse therein; and either spouse may, by
separate conveyance, relinquish all rights in the real estate so conveyed by the other
spouse. Subject to the foregoing provisions, either spouse may separately appoint an
attorney-in-fact to sell or convey any real estate owned by that spouse, or join in any
conveyance made by or for the other spouse. Use of a power of attorney is subject to
section 518.58, subdivision 1a. A minor spouse has legal capacity to join in a conveyance
of real estate owned by the other spouse, so long as the minor spouse is not incapacitated
because of some reason other than that spouse's minor age.