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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.
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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.
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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.
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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.
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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.
Notes of Decisions
Cited in
26
cases (
1 in the last 5 years), 1973–2025 · leading case:
Kipp v. Sweno, 683 N.W.2d 259 (Minn. 2004).
Kipp v. Sweno, 683 N.W.2d 259 (Minn. 2004).
· cites it 35× “On November 16, 2000, the district court concluded that appellant's undivided one-half interest in the property could not be reached by judgment creditors.”
Wendt v. Hane, 401 N.W.2d 457 (Minn. Ct. App. 1987).
· cites it 13× “In 1979, the Minnesota legislature amended Minn.Stat. § 500.19 and added a number of subdivisions, including: Subd.”
Ann H. O'Hagan v. United States, 86 F.3d 776 (8th Cir. 1996).
· cites it 5× “5 Although joint tenants are generally free to convey their interest in the joint tenancy, Minn.Stat. § 500.19, subd. 4 (1996 Supp.), spouses who own homestead property — as joint tenants or as tenants in common — are prohibited from conveying their interest, except to the other…”
Georgen-Running v. Grimlie (In Re Grimlie), 439 B.R. 710 (8th Cir. BAP 2010).
· cites it 2× “02 (providing that, with certain exceptions, if an owner of a homestead is married, no conveyance of the homestead shall be valid without the signatures of both spouses).”
Marine Credit Union v. Detlefson-Delano, 813 N.W.2d 429 (Minn. Ct. App. 2012).
· cites it 12× “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…”
Marshall v. Marshall, 921 F. Supp. 641 (D. Minnesota 1995).
· cites it 10× “This Section provides in relevant part: 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…”
Kipp v. Sweno, 629 N.W.2d 468 (Minn. Ct. App. 2001).
· cites it 5× “The district court, citing Minn.Stat. § 500.19, subd. 5 (2000), also concluded that the property could not be severed because it is a joint tenancy with right of survivorship.”
Cleys v. Cleys, 363 N.W.2d 65 (Minn. Ct. App. 1985).
· cites it 4× “The trial court found that Ted’s deed and assignment of Moose Lake to Florian failed as an effective conveyance because Phyllis did not assent to it, but it was effective to sever the joint tenancy, pursuant to Minn.Stat. § 500.19, subd. 5 (1982). Respondents argue in their…”
Magnuson v. Diekmann, 689 N.W.2d 272 (Minn. Ct. App. 2004).
· cites it 4× “Appellant relies on Minn.Stat. § 500.19, subd. 2 (2002), providing that: “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.”
Staples v. Miller, 319 N.W.2d 57 (Minn. 1982).
· cites it 4× “” Minn.Stat. § 500.19, subd. 2 (1980). Since Howard and Robert Staples stated in their agreement of December 16, 1958, that they would own the subject property “as joint tenants and not as tenants in common,” their agreement creates a valid conveyance in joint tenancy.”
— Minn. Stat. § 500.19(5) — 1 case
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