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).
Teresa Mae Turner (Bankr. D. Minn. 2022). “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.”
Christensen Law Off., PLLC v. Olean, 916 N.W.2d 876 (Minn. Ct. App. 2018). “Minn. Stat. § 510.05 (1978). The exceptions did not include attorney liens established under Minn.”
Nat'l City Bank v. Engler, 777 N.W.2d 762 (Minn. Ct. App. 2010). “Minn. Stat. § 510.05 (2008). The homestead exemption may be waived.”
Deutsche Bank Nat'l Trust Co. v. Petersen, 748 N.W.2d 306 (Minn. Ct. App. 2008). “Minn.Stat. § 510.05 (2006). Consequently, the homestead exemption does not prevent a mortgage lien from being perfected.”
In Re Engstrom, 370 B.R. 205 (Bankr. D. Minn. 2007). “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.”
In Re Drenttel, 302 B.R. 26 (Bankr. D. Minn. 2003). “The value of the homestead exemption, whether the exemption is claimed jointly or individually, may not *29 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. See MN ST § 510.02.…”
Baumann v. Chaska Bldg. Ctr., Inc., 621 N.W.2d 795 (Minn. Ct. App. 2001). “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).…”
In Re Kyllonen, 264 B.R. 17 (Bankr. D. Minn. 2001). “If the homestead is within the laid out or platted portion of a city, its area must not exceed one-half of an acre.”
In re Est. of Mathews, 558 N.W.2d 263 (Minn. Ct. App. 1997). “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.”
Jewell v. Minnesota, Dep't of Revenue (In re Jewell), 84 B.R. 619 (D. Minnesota 1988). “§ 510.05 provides: Such homestead exemption shall not extend to any mortgage lawfully obtained thereon, to any valid lien for taxes or assessments, to a claim filed pursuant to section 256B.”
Marriage of Jensen v. Jensen, 414 N.W.2d 742 (Minn. Ct. App. 1987). “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). “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.”
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