Subdivision 1. According to number. Estates, in respect to the number and connection of their owners, are divided into estates in severalty, in joint tenancy, and in common; the nature and properties of which, respectively, shall continue to be such as are now established by law, except so far as the same may be modified by the provisions of this chapter.
Subd. 2. Construction of grants and devises. All grants and devises of lands, made to two or more persons, shall be construed to create estates in common, and not in joint tenancy, unless expressly declared to be in joint tenancy. This subdivision shall not apply to mortgages, nor to devises or grants made in trust, or to executors.
Subd. 3. Joint tenancy requirements abolished. The common law requirement for unity of time, title, interest, and possession in the creation of a joint tenancy is abolished.
Subd. 4. Conveying interest directly. (a) Subject to section 507.02 specifying when both spouses must join in a conveyance of their homestead, one or more owners of an interest in real estate may convey all or part of the interest directly to one or more other persons or to one or more of themselves, or to any combination of one or more of themselves and other persons.
(b) Subject to section 507.02 specifying when both spouses must join in a conveyance of their homestead, conveyances between spouses are allowed under paragraph (a) to the same extent as those between unmarried persons.
Subd. 5. Severance of estates in joint tenancy. A severance of a joint tenancy interest in real estate by a joint tenant shall be legally effective only if (1) the instrument of severance is recorded in the office of the county recorder or the registrar of titles in the county where the real estate is situated; or (2) the instrument of severance is executed by all of the joint tenants; or (3) the severance is ordered by a court of competent jurisdiction; or (4) a severance is effected pursuant to bankruptcy of a joint tenant.
A decree of dissolution of a marriage severs all joint tenancy interests in real estate between the parties to the marriage, except to the extent the decree declares that the parties continue to hold an interest in real estate as joint tenants.
(8073, 8074) RL s 3232, 3233; 1979 c 123 s 1-4; 1986 c 444; 1987 c 26 s 2; 1990 c 575 s 4; 1994 c 388 art 1 s 3
Structure Minnesota Statutes
Chapters 500 - 515B — Property And Property Interests
Chapter 500 — Estates In Real Property
Section 500.01 — Division As To Quantity.
Section 500.02 — Estates Of Inheritance.
Section 500.03 — Effect Of Conveyance To Grantee In Fee Tail.
Section 500.04 — Conveyance By Owner Of Fee Tail Estate.
Section 500.05 — Division Of Realty Or Personalty.
Section 500.06 — Division As To Time.
Section 500.07 — Estates In Possession.
Section 500.08 — Estates In Expectancy.
Section 500.10 — Future Estate; Statutory Remainders.
Section 500.11 — Future Estates; Inclusiveness.
Section 500.12 — Future Estates; Contingent.
Section 500.14 — Future Estates Construed; Validity; Creating Instruments.
Section 500.15 — Future Estates; Protection From Destructibility Rules.
Section 500.16 — Expectant Estates: Descendible, Devisable, Alienable.
Section 500.17 — Future Estates; Rents And Profits.
Section 500.18 — Commencement Of Expectant Estates.
Section 500.20 — Defeasible Estates.
Section 500.21 — Application To Ground Lease.
Section 500.215 — Limits On Certain Residential Property Rights Prohibited; Flag Display.
Section 500.221 — Restrictions On Acquisition Of Title.
Section 500.222 — Exempt Acreage In Land Exchange.
Section 500.24 — Farming By Business Organizations.
Section 500.245 — Right Of First Refusal For Agricultural Land.
Section 500.25 — Rights Of Farm Tenants On Termination Of Life Estates.