2000 Minnesota Statutes

     507.04 Conveyance by spouse of insane or incompetent 
  person.  

    Subdivision 1.    With guardian's approval.  The spouse 
 of any person who is adjudged by a court of competent 
 jurisdiction to be insane or incompetent to transact business or 
 manage that person's estate, and for whose person or estate, or 
 both, a guardian is appointed by a district court of this state, 
 may, with the guardian's approval, by separate deed convey any 
 real estate, the title to which is in such spouse, as fully as 
 the spouse could do if unmarried.  A duly certified copy of the 
 letters of guardianship of the guardian shall be recorded in the 
 office of the county recorder of the county in which the real 
 estate is situated.  The approval of the conveyance by the 
 guardian shall be in writing, after being first authorized to do 
 so by an order of the district court, and shall be endorsed on 
 the instrument of the conveyance.  Without the approval of the 
 guardian, a conveyance by the competent spouse does not affect 
 the rights of the insane or incompetent spouse.  

    Subd. 2.    Disability for three years.  Where no 
 guardian has been appointed of the person or estate of such 
 insane or incompetent spouse and such insanity or incompetency 
 has existed or may exist for three years subsequent to the 
 adjudication of the insanity or incompetency of the insane or 
 incompetent spouse, the spouse of the insane or incompetent 
 person may convey any real estate, the title to which is in the 
 spouse, as fully as the spouse could do if unmarried.  

    Subd. 3.    Homestead.  This section does not authorize 
 the conveyance of a homestead unless the guardian of the person 
 or estate of the insane or incompetent person appointed by the 
 district court of the proper county consents in writing to the 
 conveyance by endorsement thereon after being first authorized 
 so to do by order of the district court.  

    Subd. 4.    Nonresident with disability.  The provisions 
 of subdivisions 2 and 3 do not apply to a nonresident insane or 
 incompetent person.  

    Subd. 5.    Inchoate interest in spouse's share.  In all 
 cases where the district court has directed a sale of the 
 interest of an insane or incompetent person in real estate, the 
 sale includes the inchoate interest of the person in any share 
 or part of the real estate owned by such person's spouse whether 
 or not specifically mentioned in the proceedings or conveyance, 
 when the interest of the spouse is also conveyed to the same 
 grantee.  

    Subd. 6.    Validity of homestead conveyance.  No 
 conveyance of the homestead is valid unless made by both spouses 
 in a joint deed or by separate deeds.  

    HIST: (8201) RL s 3338; 1915 c 131 s 1; 1919 c 395 s 1; 1955 c 
 243 s 1; 1976 c 181 s 2; 1986 c 444; 1995 c 189 s 8; 1996 c 277 
 s 1