Minnesota Statutes

Minn. Stat. § 510.04 (2026)

Title May Be In Either Spouse; Equitable Title Exempt

✓ current as of May 2026

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If the debtor be married the homestead title may be vested in either spouse, and the exemption shall extend to the debts of either or of both. Any interest in the land, whether legal or equitable, shall constitute ownership, within the meaning of this chapter, and the dwelling house so owned and occupied shall be exempt, though situated on the land of another.

Notes of Decisions

Cited in 17 cases, 1946–2014 · leading case: Kipp v. Sweno, 683 N.W.2d 259 (Minn. 2004).

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Kipp v. Sweno, 683 N.W.2d 259 (Minn. 2004). · cites it 4× “01 (2002), a homestead is defined as: The house owned and occupied by a debtor as a debtor's dwelling place, together with the land upon which it is situated to the amount of an area and value hereafter limited and defined, shall constitute the homestead of such debtor and the…”

In Re Holman, 286 B.R. 882 (Bankr. D. Minn. 2002). · cites it 8× “The Minnesota exemption statute does provide: “If the debtor be married the homestead title may be vested in either spouse, and the exemption shall extend to the debts of either or of both.”

Eustice Ex Rel. Eustice v. Jewison, 413 N.W.2d 114 (Minn. 1987). · cites it 4× “Minn.Stat. § 510.04 (1984) reads, in relevant part: “If the debt- or be married the homestead title may be vested in either spouse, and the exemption shall extend to.”

In Re Johnson, 207 B.R. 878 (Bankr. D. Minn. 1997). · cites it 4× “This is due to Minn.Stat. § 510.04, which generally imbues the marital residence with *881 an exempt character, regardless of the form of title and without respect to the identity of the party liable on the relevant debt.”

In Re Smoinikar, 200 B.R. 640 (Bankr. D. Minn. 1996). · cites it 4× “7 Under Minn.Stat. § 510.04, “any interest in land, whether legal or equitable, shall constitute ownership” (emphasis added).”

Cargill, Inc. v. Hedge, 358 N.W.2d 490 (Minn. Ct. App. 1984). · cites it 4× “Minn.Stat. § 510.04 (1982). *492 The question before this court is thus whether the land is “owned” by Annette and Sam Hedge within the meaning of the statute.”

In Re Quentin B. Stenzel, Debtor. Peoples' State Bank of Wells v. Quentin B. Stenzel, 301 F.3d 945 (8th Cir. 2002). “” Minn. Stat. § 510.04 . Here, the parties agree Stenzel’s undivided one-third remainder interest constituted a present ownership interest in the 155-acre parcel.”

Matter of Guardianship of Huesman, 381 N.W.2d 73 (Minn. Ct. App. 1986). · cites it 2× “Minn.Stat. § 510.04 (1984). The trial court erred when it found that the brothers could not assert a homestead exemption.”

In Re Ehrich, 110 B.R. 424 (Bankr. D. Minn. 1990). · cites it 2× “§ 510.04 (“Any interest in the land, whether legal or equitable, shall constitute ownership, within the meaning of this chapter .”

Mueller v. Buckley (In Re Mueller), 215 B.R. 1018 (8th Cir. BAP 1998). “” Minn.Stat. § 510.04. Thus, a homestead remains impervious to the just demands of one or both spouses’ creditors for so long as one spouse retains the homestead exemption.”

Marine Credit Union v. Detlefson-Delano, 830 N.W.2d 859 (Minn. 2013). “§ 510.04 (2012). Consistent with the purpose of preserving the homestead to the family, Minnesota law has, at least since 1865, provided that no conveyance of the homestead by a husband is valid unless “the wife joins in the deed of conveyance.”

Hickman v. Sutherland, 23 N.W.2d 593 (Minn. 1946). · cites it 2× “) Section 510.04 (§ 8339) provides: “If the debtor be married the homestead title may be vested in either spouse, and the exemption shall extend to the debts of either or of both.”

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