Minnesota Statutes

Minn. Stat. § 510.06 (2026)

Exemption Not Lost By Death Or Desertion

✓ current as of May 2026
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If the owner dies leaving a spouse or minor children constituting the owner's family surviving, the homestead exemption shall not be affected by the death. If the owner shall abscond, or otherwise desert the family, the spouse and the minor children comprising the family may retain the homestead, with all the rights of owners therein. They shall not have power to sell or mortgage it, except in cases expressly provided for by law.

Notes of Decisions
Cited in 5 cases, 1987–2010 · leading case: Eustice Ex Rel. Eustice v. Jewison, 413 N.W.2d 114 (Minn. 1987).
Eustice Ex Rel. Eustice v. Jewison, 413 N.W.2d 114 (Minn. 1987). · cites it 8× “Minn. Stat. § 510.06 (1984). The owner may sell and convey the homestead without subjecting it, or the proceeds of such sale for the period of one year after sale, to any judgment or debt from which it was exempt in his hands.”
Kipp v. Sweno, 683 N.W.2d 259 (Minn. 2004). · cites it 4× “Minn.Stat. § 510.06 (2002). [4] We acknowledge that Minn.”
In Re the Est. of Eckley, 780 N.W.2d 407 (Minn. Ct. App. 2010). · cites it 2× “” Minn.Stat. § 510.06 (2008). The district court’s conclusion that the homestead was non-homestead property subject to claims against decedent’s estate was therefore in error.”
In Re the Est. of Riggle, 654 N.W.2d 710 (Minn. Ct. App. 2002). · cites it 2× “Minn.Stat. § 510.06 (2002). Case law indicates that abandonment of a homestead has two basic compo *715 nents: cessation of occupancy and lack of an intent to return.”
Eustice v. Jewison, 399 N.W.2d 566 (Minn. Ct. App. 1987). · cites it 4× “Respondent argues the facts indicate the exemption did not continue after Jewison’s death and the judgment lien attached under Minn.Stat. § 510.06 which provides: If the owner dies leaving a spouse or minor children constituting the owner’s family surviving, the homestead…”
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