Minn. Stat. » CHAPTER 510. HOMESTEAD EXEMPTION
Minnesota Statutes

Minn. Stat. § 510.01 (2026)

Homestead Defined; Exempt; Exception

✓ current as of May 2026
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The house owned and occupied by a debtor as the debtor's dwelling place, together with the land upon which it is situated to the amount of area and value hereinafter limited and defined, shall constitute the homestead of such debtor and the debtor's family, and be exempt from seizure or sale under legal process on account of any debt not lawfully charged thereon in writing, except such as are incurred for work or materials furnished in the construction, repair, or improvement of such homestead, or for services performed by laborers or servants and as is provided in section 550.175.

Notes of Decisions
Cited in 129 cases (2 in the last 5 years), 1943–2025 · leading case: Torgelson v. . Real Prop. Known as 17138 880th Ave., Renville Cnty., 749 N.W.2d 24 (Minn. 2008).
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Torgelson v. . Real Prop. Known as 17138 880th Ave., Renville Cnty., 749 N.W.2d 24 (Minn. 2008). · cites it 36× “Each county sought forfeiture of Feigum's and Johnson's respective homestead properties pursuant to Minn.”
Citizens State Bank Norwood Young Am. v. Gordon Brown, 849 N.W.2d 55 (Minn. 2014). · cites it 4× “Moreover, Gordon Brown executed a quitclaim deed in October 2009, transferring the home to Judy Brown one year before the marital dissolution decree was entered.”
Hentges v. P.H. Feely & Son, Inc., 436 N.W.2d 488 (Minn. Ct. App. 1989). · cites it 14× “Appellants argue that the property against which respondents’ judgment liens applied was exempt from seizure or sale pursuant to Minn.Stat. § 510.01 (1986) at the time of Rutt’s bankruptcy and that accordingly, the liens were not properly enforceable within the terms of section…”
Nw. Nat'l Bank of South St. Paul v. Kroll, 306 N.W.2d 104 (Minn. 1981). · cites it 7× “13(1) contemplates the imposition of an attorneys lien against a homestead otherwise exempt pursuant to Minn. Stat. §§ 510.01 and 510.05 (1978). This issue must be examined from the perspective that the attorney’s services were rendered in defense of the property which the…”
Muscala v. Wirtjes, 310 N.W.2d 696 (Minn. 1981). · cites it 6× “The judgment denied the general claim of Harriet Muscala against the estate of the decedent for funeral expenses, holding that the estate comprised a homestead and was therefore exempt from this claim under Minn.Stat. §§ 510.01, 510.-07 (1980). We reverse.”
In Re Johnson, 207 B.R. 878 (Bankr. D. Minn. 1997). · cites it 8× “They also frame up the dispute: did the Debtor “occupy” the marital dwelling within the meaning of Minn.Stat. § 510.01 2 when he filed for bankruptcy relief under Chapter 7, entitling him to protect it from the bankruptcy estate as his exempt homestead? If not, does the…”
In Re Cochrane, 178 B.R. 1011 (Bankr. D. Minn. 1995). · cites it 5× “” In the latter, he purported to claim the benefit of various Minnesota state exemption laws, including that of Minn.Stat. § 510.01 for the condommium umt.”
In Re Smoinikar, 200 B.R. 640 (Bankr. D. Minn. 1996). · cites it 8× “In Schedule C she claimed a duplex as exempt under Minn.Stat. § 510.01. The trustee objected to this exemption, contending that the duplex was rental property which had never been occupied by the debtor on or before the date of filing.”
In re Walz, 546 B.R. 836 (Bankr. D. Minn. 2016). · cites it 6× “Minn.Stat. § 510.01. Subdivision 1 of section 510.”
In Re Oliver, 38 B.R. 245 (Bankr. D. Minn. 1984). · cites it 4× “Pursuant to Minn. Stat. § 510.01 , debtor claimed this real property exempt.”
Halverson v. Schuster (In Re Schuster), 132 B.R. 604 (Bankr. D. Minn. 1991). · cites it 4× “In its most recent development of the remedy, the Minnesota Supreme Court authorized its use by the individual principals of a family farm corporation, 7 so as to enable them to claim their personal right of homestead exemption under Minn.Stat. §§ 510.01 et seq. for farm and…”
Matter of Guardianship of Huesman, 381 N.W.2d 73 (Minn. Ct. App. 1986). · cites it 8× ““Homestead” is defined in Minn.Stat. § 510.01: The house owned and occupied by a debtor as his dwelling place, together with the land upon which it is situated to the amount hereinafter limited and defined, shall constitute the homestead of such debtor and his family, and be ex…”
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