Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                         CHAPTER 26-S.F.No. 499 
           An act relating to real property; providing for prima 
          facie effect of certain statements in an 
          acknowledgment; authorizing owners to create tenancies 
          in common by direct conveyances to themselves and 
          others; permitting the severance of joint tenancies by 
          direct conveyances between spouses; providing for time 
          limits upon actions relating to certain estates in 
          real property; providing for the discharge of prior 
          judgments against bankrupt debtors; providing for 
          validation of certain conveyances executed by 
          religious corporations; amending Minnesota Statutes 
          1986, sections 500.19, subdivision 4; 519.06; 519.09; 
          and 519.101; Laws 1971, chapter 26; proposing coding 
          for new law in Minnesota Statutes, chapters 358 and 
          548; repealing Minnesota Statutes 1986, section 548.18.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [358.50] [EFFECT OF ACKNOWLEDGMENT.] 
    An acknowledgment made in a representative capacity for and 
on behalf of a corporation, partnership, trust, or other entity 
and certified substantially in the form prescribed in this 
chapter is prima facie evidence that the instrument was executed 
and delivered with proper authority. 
    Sec. 2.  Minnesota Statutes 1986, section 500.19, 
subdivision 4, is amended to read:  
    Subd. 4.  [CONVERTING ESTATES.] An owner of an interest in 
real estate may convey the interest directly to that owner and 
one or more other persons as joint tenants or as tenants in 
common.  
    Sec. 3.  Minnesota Statutes 1986, section 519.06, is 
amended to read:  
    519.06 [CONTRACTS BETWEEN HUSBAND AND WIFE.] 
    No contract between husband and wife relative to the real 
estate of either, or any interest therein, nor any power of 
attorney or other authority from the one to the other to convey 
real estate, or any interest therein, shall be valid, except as 
provided in section 500.19, subdivision subdivisions 4 and 5; 
but, in relation to all other subjects, either may be 
constituted the agent of the other, or contract with the other.  
In all cases where the rights of creditors or purchasers in good 
faith come in question, each spouse shall be held to have notice 
of the contracts and debts of the other as fully as if a party 
thereto. 
    Sec. 4.  Minnesota Statutes 1986, section 519.09, is 
amended to read:  
    519.09 [DOWER AND CURTESY ABOLISHED.] 
    All inchoate estates or statutory interests in lieu of 
dower and curtesy in all lands in this state which have been 
conveyed prior to January 1, 1970 1975, by the husband or wife 
of the one entitled to such inchoate dower or curtesy, or 
statutory interest, by a conveyance in writing, are hereby 
abolished.  
    Sec. 5.  Minnesota Statutes 1986, section 519.101, is 
amended to read:  
    519.101 [ACTIONS NOT MAINTAINABLE.] 
    No action for the recovery of real property, or of any 
right therein, or the possession thereof, shall be maintained by 
any person having any estate in dower or by the curtesy or any 
estate or statutory interest in lieu of dower or by the curtesy 
therein, or by anyone claiming, by, through or under any such 
person, where it appears that the husband or wife of such person 
conveyed such real property, or any interest therein, by a 
conveyance in writing, prior to the first day of January, 1970 
1975; and no action shall be maintained for the recovery of real 
property, or of any right therein, or the possession thereof, by 
any person claiming by reason of failure of a spouse to join in 
a conveyance of land which constituted the homestead of the 
grantor at the time of the conveyance where such conveyance was 
made prior to January 1, 1970 1975, unless such action shall be 
commenced on or prior to the first day of January, 1985 1988, 
and notice thereof filed for record at the time of the 
commencement of said action in the office of the county recorder 
in the county where said real property is situate. 
   Sec. 6.  [548.181] [DISCHARGE OF JUDGMENTS AGAINST 
BANKRUPTCY DEBTORS.] 
    Subdivision 1.  [APPLICATION FOR DISCHARGE.] A judgment 
debtor who has received a discharge under United States Code, 
title 11, or an interested party upon paying a filing fee of $5, 
may apply to the court administrator of any court for the 
discharge of all judgments entered in that court against the 
judgment debtor that were ordered discharged by the bankruptcy 
discharge.  
    Subd. 2.  [APPLICATION REQUIREMENTS; SERVICE.] An 
application under subdivision 1 must identify each judgment to 
be discharged, must be accompanied by a certified copy of the 
judgment debtor's bankruptcy discharge or a certificate by the 
clerk of the United States bankruptcy court of the discharge, 
must state the time the judgment creditor has to object as 
specified in subdivision 3 and the grounds for objection as 
specified in subdivision 4, must be served at the expense of the 
applicant on each judgment creditor in the manner provided for 
the service of a summons in a civil action, and must be 
accompanied by an affidavit of service.  
    Subd. 3.  [OBJECTION TO DISCHARGE.] The court administrator 
shall discharge each judgment except a judgment in favor of a 
judgment creditor who has filed an objection to discharge of the 
judgment within 20 days after service of the application on the 
judgment creditor.  An objection to discharge of a judgment must 
be served on the judgment debtor in the same manner as an answer 
in a civil action.  
    Subd. 4.  [COURT ORDER.] If a judgment creditor objects to 
the discharge of a judgment, on motion of the judgment debtor, 
the judgment creditor, or other interested party, the court 
shall order the judgment discharged except to the extent that:  
(1) the debt represented by the judgment was not discharged by 
the bankruptcy discharge; or (2) the judgment was an enforceable 
lien on real property when the bankruptcy discharge was 
entered.  If the judgment was an enforceable lien on some, but 
not all, real property of the judgment debtor, the discharge 
shall only be entered as to real property not subject to an 
enforceable lien. 
    Sec. 7.  Laws 1971, chapter 26, is amended to read:  
    Section 1.  [RELIGIOUS CORPORATIONS, CERTAIN DEEDS 
CONVEYANCES, VALIDATED.] All deeds heretofore conveyances 
executed by any religious corporation, organized under Minnesota 
Statutes, Chapter 315, conveying real property within this state 
which were recorded prior to July 1, 1970 1980, in the office of 
the register of deeds county recorder or registrar of titles of 
the county in which the real estate conveyed is situate, and the 
record thereof, are hereby legalized, validated and confirmed, 
notwithstanding that the church records do not disclose that the 
execution of such deeds conveyances was authorized by the 
congregation of said religious corporation in the manner 
provided by law.  
    Sec. 2.  [APPLICATION.] This act shall not apply to any 
action or proceeding now pending in any of the courts of this 
state wherein the validity of any such deed conveyance is being 
litigated. 
    Sec. 8.  [REPEALER.] 
    Minnesota Statutes 1986, section 548.18, is repealed. 
    Approved April 9, 1987