Minnesota Real Estate Title Upon Divorce

Minnesota Real Estate Upon Divorce

This article is designed to provide the reader with limited guidance with respect to properly addressing Minnesota Real Estate Title upon divorce, for participants who have undertaken to complete a do-it-yourself Minnesota divorce proceeding.

This article is not intended to provide the reader with any guidance with respect to how to complete a do-it-yourself Minnesota divorce proceeding.

Minnesota Do-It-Yourself Divorce Participants

There are many relevant sources on the subject of do-it-yourself Minnesota divorce proceedings, and a variety of fill-in-the-blank documents are available on the Internet which are designed to achieve that objective.

While it is advisable for everyone undergoing a Minnesota divorce proceeding to have legal counsel during the process, it is readily apparent that not everyone seeks legal counsel.

The Minnesota Judicial Branch provides fill-in-the-blank forms and instructions on its web site for do-it-yourself divorce participants.

However, it appears that the Minnesota Judicial Branch does not do so in order to encourage petitioners to commence divorce proceedings without legal counsel.

Rather, it does so because:

many Minnesotans are commencing divorce proceedings without the benefit legal counsel, and
the Minnesota Judicial Branch is trying to avoid having its entire system swamped with divorce proceedings commenced by persons who clearly need help with respect to such matters – but cannot afford legal representation.

The web site operated by the Minnesota Judicial Branch repeatedly counsels persons making use of its documents that it cannot provide participants with legal assistance, and recommends that such participants consult with legal counsel if they have any questions.

Notwithstanding such notices, the Minnesota Judicial Branch provides Minnesotans with as much assistance as it can without giving legal advice.

As of January, 2022, the fill-in-the-blank Joint Petition, Agreement, and Judgment and Decree for Marriage Dissolution Without Children available on the web site operated by the Minnesota Judicial Branch was 31 pages in length, and the instructions which accompany the document was five pages in length.

Clearly, a Minnesota divorce is not a simple matter.

Minnesota Real Estate Title Upon Divorce

Attorney Gary C. Dahle:

does not provide legal advice with respect to how to file court documents in divorce matters, and
does not represent clients in Minnesota courts with respect to divorce matters.

However, Attorney Gary C. Dahle can provide assistance anywhere in Minnesota with respect to Minnesota Real Estate Title upon divorce – once the judge has made a determination as to which party is entitled to ownership of real property subject to the proceeding.

Minnesota Real Estate Title – Ownership Evidence

Minnesota real property offers two types of title ownership evidence:

The Abstract Property form of title evidence; and
The Registered Property form of title evidence – also known as the Torrens Property Certificate of Title.

Real property that offers the Abstract Property form of title evidence has not been registered pursuant to the Minnesota Torrens real property registration system.

Minnesota Registered Real Property

If real property which is subject to a divorce proceeding offers the Torrens registration form of title evidence, it will have its own Certificate of Title identifying:

the owners of the real property,
a complete legal description of the real property, and
the liens and encumbrances affecting the real property.

Obtaining a copy of the Certificate of Title is necessary in order to either identify or confirm:

the full and complete legal description for the real property which is subject to the divorce proceeding, and
the full and correct names of the owners identified in the Certificate of Title.

Real property offering the Torrens registration form of title evidence will create additional recording requirements for participants of a Minnesota divorce proceeding which are not applicable to real property offering the abstract form of title evidence.

Minnesota State Bar Association – Title Standard No. 84

Title Standard No. 84 issued by the Real Property Section of the Minnesota State Bar Association, identifies certain title requirements which must be satisfied in the event of a dissolution of a marriage.

Essentially, the documents which will need to be filed in the real estate title records with respect to Minnesota Real Estate Title upon divorce must establish three events:

the parties are divorced;
the real property has been conveyed to the proper party; and
any name change for either party.

Evidence that the parties have been divorced can be provided by the recording of a certified copy of either:

a Judgment and Decree; or
a Summary Real Estate Disposition Judgment;

issued by the judge in the divorce proceeding.

Recording a Summary Real Estate Disposition Judgment may be preferable in some situations to recording a Judgment and Decree, in order to avoid releasing into the public records sensitive information regarding the divorce proceedings.

Evidence that the real property has been conveyed to the proper party can be provided by the recording of a certified copy of either:

a Judgment and Decree; or
a Summary Real Estate Disposition Judgment;

issued by the judge in the divorce proceeding, or by the recording of a Quit Claim Deed from the spouse who is divested of title in the divorce proceeding – joined in by any new spouse – conveying the real property subject to the divorce proceeding to the spouse who is remaining in title.

Minnesota Court Issued Certified Copies

Any multipage certified copy of a Minnesota divorce proceeding document issued by the court will be stapled together in order to evidence its integrity.

However, if the staple(s) are removed, the document would no longer qualify as a certified copy.

Therefore, if a party intends to record a certified copy of:

a Judgment and Decree, or
a Summary Real Estate Disposition Judgment,

the staple(s) should not be removed from the document.

Additional Requirements for Minnesota Registered Real Property

If real property which is subject to a Minnesota divorce proceeding offers the Torrens registration form of title evidence, and either:

the Judgment and Decree, or
the Summary Real Estate Disposition Judgment,

is submitted for recording for the purpose of effecting a title transfer without providing a Quit Claim Deed from the spouse divested of title in the divorce proceeding, the Judgment and Decree or Summary Real Estate Disposition Judgment must be:

approved by the Examiner of Titles for the county in which the real property is located,
before it can be recorded in the office of the Registrar of Titles for the County in which the real property is located.

However:

if the Judgment and Decree is submitted for recording only in order to provide evidence of the dissolution of the marriage,

and

a Quit Claim Deed from the former spouse – joined in by any new spouse – is recorded in order to make the title transfer effective,

the Examiner of Titles for the county in which the real property is located may not be required to issue a certification with respect to the Judgment and Decree.

Absence of a Quit Claim Deed

The absence of a Quit Claim Deed from the former spouse would require the Examiner of Titles for the county in which the real property is located to review the divorce court record in order to determine whether:

the divorce proceeding documents were properly prepared and served, and
the legal description was consistently accurate,

thereby confirming that the court had the proper authority to convey the property subject to a divorce proceeding:

from the spouse who has been divested of title in the divorce proceeding,
to the spouse who is remaining in title.

With respect to Torrens property, the title examination is done when the documents are submitted for recording.

Benefits of a Quitclaim Deed

If a Judgment and Decree or a Summary Real Estate Disposition Judgment document has been recorded together with a properly executed Quit Claim Deed, the Examiner of Titles for the county in which the real property is located may not be required to review the divorce file for purposes of Minnesota Real Estate Title upon divorce – providing that the party names and legal descriptions in all of the documents are proper.

Hennepin County Torrens Property Examination Procedures

If real property subject to a divorce proceeding is located in Hennepin County, any required document review by the Examiner of Titles will be automatic, and will not require the payment of any additional service fee.

Ramsey County Torrens Property Examination Procedures

However, if real property subject to a divorce proceeding is located in Ramsey County, any required document review will not be automatic, must be specifically requested, and will require the payment of an additional service fee.

Other Counties Torrens Property Examination Procedures

If real property subject to a divorce proceeding is located in a county other than Hennepin County or Ramsey County, the title examination procedures of the Examiner of Titles can vary greatly, as can the service fee requirement for the Examiner of Titles.

Minnesota Recording Options

There are perhaps two options in regards to recording the required real estate documents in order to establish Minnesota Real Estate Title upon divorce:

paper documents can be recorded – although the process will take considerably longer than if the same documents are recorded electronically; or
documents can be recorded electronically by an attorney or title company authorized to do so.

The recording fees will be slightly higher if the electronic recording option is elected, which may also require that service charges be paid to the attorney or title company performing the electronic recording.

Filing paper documents:

would require more work by the Registrar of Titles, and
would take a longer period of time to accomplish,

but may require less work on the part of the attorney or title company– and a party can undertake the filing of the paper documents without legal assistance.

Minnesota Deed Tax

Any Quit Claim Deed obtained from the spouse who is divested of title in the divorce proceeding, conveying the real property to the spouse who is remaining in title in order to establish Minnesota Real Estate Title upon divorce, should be free from any obligation for deed tax by reason of Minn. Stat. § 287.22(14):

M.S. 287.22 Exemptions

The tax imposed by section 287.21 does not apply to: . . .

(14) A decree of marriage dissolution, as defined in section 287.01, subdivision 4, or a deed or other instrument between the parties to the dissolution made pursuant to the terms of the decree;

However, a note of instruction may need to be provided on the Quit Claim Deed referring to such authority.

Conclusion – Minnesota Real Estate Title Upon Divorce

If you need any assistance with respect to properly addressing Minnesota Real Estate Title upon divorce once you have completed a do-it-yourself Minnesota divorce proceeding, contact attorney Gary C. Dahle, 763-780-8390, or gary@dahlelaw.com.

The parties to the divorce proceeding may be able to take care of the document recording process without legal assistance, using paper documents.

Alternatively, attorney Gary C. Dahle can be retained to either perform such services, or record documents using the electronic recording process.

Gary C. Dahle – Attorney at Law

2704 Mounds View Blvd., Mounds View, MN 55112

Phone: 763-780-8390 Fax: 763-780-1735

gary@dahlelaw.com

——— Gary C. Dahle Attorney at Law ———

Minnesota Real Estate Title Upon Divorce

Minnesota Do-It-Yourself Divorce Participants

Minnesota Real Estate Title Upon Divorce

Minnesota Real Estate Title – Ownership Evidence

Minnesota Registered Real Property

Minnesota State Bar Association – Title Standard No. 84

Minnesota Court Issued Certified Copies

Additional Requirements for Minnesota Registered Real Property

Absence of a Quit Claim Deed

Benefits of a Quitclaim Deed

Hennepin County Torrens Property Examination Procedures

Ramsey County Torrens Property Examination Procedures

Other Counties Torrens Property Examination Procedures

Minnesota Recording Options

Minnesota Deed Tax

M.S. 287.22 Exemptions

Conclusion – Minnesota Real Estate Title Upon Divorce