1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to marriage dissolution; requiring certain 1.3 notices regarding real property and debt transfers; 1.4 providing that a spouse is not liable for debt 1.5 incurred on a joint account after disclaiming 1.6 liability to the creditor; amending Minnesota Statutes 1.7 1996, section 519.05; proposing coding for new law in 1.8 Minnesota Statutes, chapter 518. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. [518.584] [REQUIRED NOTICE REGARDING REAL 1.11 PROPERTY AND DEBT TRANSFERS.] 1.12 Subdivision 1. [REAL PROPERTY.] A judgment or decree of 1.13 dissolution or legal separation that involves transfer of real 1.14 property must include the following notice to the parties: 1.15 "REAL PROPERTY TRANSFERS. 1.16 A party required by this document to transfer an interest 1.17 in real property to another party must promptly execute all 1.18 documents necessary to effect the transfer of that interest and 1.19 must deliver those documents to the party awarded the interest, 1.20 unless the judgment or decree provides that it will operate to 1.21 pass title even if a deed is not given." 1.22 Subd. 2. [CREDIT CARD OR OTHER DEBT.] A judgment or decree 1.23 of dissolution or legal separation that involves the assumption 1.24 by one party of credit card or other debt previously shared by 1.25 the parties must include the following notice to the parties: 1.26 "TRANSFER OF CREDIT CARD OR OTHER DEBT. 1.27 A party required by this document to assume credit card or 2.1 other debt previously shared by the parties must promptly notify 2.2 the creditor of that assumption of the debt and execute all 2.3 documents and take all actions necessary to protect the other 2.4 party from liability under the debt and from liability for any 2.5 future debt incurred under an account." 2.6 Sec. 2. Minnesota Statutes 1996, section 519.05, is 2.7 amended to read: 2.8 519.05 [LIABILITY OF HUSBAND AND WIFE.] 2.9 (a) A spouse is not liable to a creditor for any debts of 2.10 the other spouse, except for
necessaries furnished to the other2.11 after marriage, where the spouse would be liable at common law.2.12 Where husband and wife are living together, they shall be2.13 jointly and severally liable for all necessary household2.14 articles and supplies furnished to and used by the family.2.15 utilities supplied to a residence when the spouses are living 2.16 together. Notwithstanding this paragraph, in a proceeding under 2.17 chapter 518, the court may apportion the debt between the 2.18 spouses. 2.19 (b) A spouse is not liable for debt incurred by the other 2.20 spouse in a joint account after the creditor has received notice 2.21 from the spouse that the spouse disclaims further liability on 2.22 that account.