Minnesota Statutes

Minn. Stat. § 510.05 (2026)

Limitations

✓ current as of May 2026
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The amount of the homestead exemption shall not be reduced by and shall not extend to any mortgage lawfully obtained thereon, to any valid lien for taxes or assessments, to a claim filed pursuant to section 246.53 or 256B.15, to any charge arising under the laws relating to laborers or material suppliers' liens or to any charge obtained under section 481.13 pursuant to a valid waiver of the homestead exemption.

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1981–2022 · leading case: Christensen Law Off., PLLC v. Olean, 916 N.W.2d 876 (Minn. Ct. App. 2018).
Christensen Law Off., PLLC v. Olean, 916 N.W.2d 876 (Minn. Ct. App. 2018). · cites it 34× “Minn. Stat. § 510.05 (1978). The exceptions did not include attorney liens established under Minn.”
In re Est. of Mathews, 558 N.W.2d 263 (Minn. Ct. App. 1997). · cites it 6× “Are Minn.Stat. §§ 510.05 and 525.145(3) (1994) (repealed 1995) 1 unconstitutional? ANALYSIS Standard of Review The construction of a statute is a question of law and thus fully reviewable by an appellate court.”
Baumann v. Chaska Bldg. Ctr., Inc., 621 N.W.2d 795 (Minn. Ct. App. 2001). · cites it 2× “The value of the homestead exemption, whether the exemption is claimed jointly or individually, may not exceed $200,000 or, if the homestead is used primarily for agricultural purposes, $500,000, exclusive of the limitations set forth in section 510.05. Id. (emphasis added).…”
Nw. Nat'l Bank of South St. Paul v. Kroll, 306 N.W.2d 104 (Minn. 1981). · cites it 2× “01 and may not be construed as having created a limitation in addition to those contained in section 510.05. Reversed and remanded.”
Nat'l City Bank v. Engler, 777 N.W.2d 762 (Minn. Ct. App. 2010). · cites it 2× “Minn. Stat. § 510.05 (2008). The homestead exemption may be waived.”
Marriage of Jensen v. Jensen, 414 N.W.2d 742 (Minn. Ct. App. 1987). · cites it 2× “Minn.Stat. § 510.05 (1982). 357 N.W.2d at 136 .”
In Re the Guardianship of Fingerholtz, 357 N.W.2d 423 (Minn. Ct. App. 1984). · cites it 2× “We note also that any potential future benefit to the heirs hanging on to the homestead is subject to Minn.Stat. § 510.05 (1982) which gives authorities providing medical care and assistance to Mrs.”
In Re Engstrom, 370 B.R. 205 (Bankr. D. Minn. 2007). · cites it 2× “The value of the homestead exemption, whether the exemption is claimed jointly or individually, may not exceed $200,000 or, if the homestead is used primarily for agricultural purposes, $500,000 exclusive of the limitations set forth in section 510.”
Deutsche Bank Nat'l Trust Co. v. Petersen, 748 N.W.2d 306 (Minn. Ct. App. 2008). · cites it 2× “Minn.Stat. § 510.05 (2006). Consequently, the homestead exemption does not prevent a mortgage lien from being perfected.”
Nicollet Cnty. on Behalf of Block v. Havron, 357 N.W.2d 134 (Minn. Ct. App. 1984). · cites it 2× “Minn.Stat. § 510.05 (1982). In the absence of express authorization, we find that the court’s authority to order the sale of property to satisfy child support arrearages is limited by the statutory homestead and property exemptions.”
In Re Kyllonen, 264 B.R. 17 (Bankr. D. Minn. 2001). · cites it 2× “If the homestead is within the laid out or platted portion of a city, its area must not exceed one-half of an acre.”
Teresa Mae Turner (Bankr. D. Minn. 2022). · cites it 2× “Minnesota’s homestead exemption statute, for example, permits attorney’s liens to attach to a client’s homestead, if the attorney obtains a valid waiver in accordance with Minn. Stat. § 510.05 . Christiansen, 916 N.”
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