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 the owner's hands, except that the proceeds of the sale are not exempt from a judgment or debt for a court ordered child support or maintenance obligation in arrears. The proceeds of an insurance claim for an exempt homestead are exempt for one year. The owner may remove therefrom without affecting such exemption, if the owner does not thereby abandon the same as the place of abode. If the owner shall cease to occupy such homestead for more than six consecutive months the owner shall be deemed to have abandoned the same unless, within such period, the owner shall file with the county recorder of the county in which it is situated a notice, executed, witnessed, and acknowledged as in the case of a deed, describing the premises and claiming the same as the owner's homestead. In no case shall the exemption continue more than five years after such filing, unless during some part of the term the premises shall have been occupied as the actual dwelling place of the debtor or the debtor's family.
Notes of Decisions
Joy v. Cooperative Oil Ass'n (1984)
minnctapp · cites it 32×
“This is an appeal from a judgment declaring that the appellant's property lost its homestead status when he failed to record his intent to retain the property as his homestead, pursuant to Minn.Stat. § 510.07 (1982). We affirm. FACTS On March 26, 1981 the home owned by the…”
In Re the Estate of Eckley (2010)
minnctapp · cites it 14×
“Minn.Stat. § 510.07. A homestead is deemed abandoned if the owner does not occupy it for more than six consecutive months and the owner does not file notice with the county recorder claiming it as his homestead.”
Eustice Ex Rel. Eustice v. Jewison (1987)
minn · cites it 14×
“Neither Evelyn Jewison, Kenneth Jewison nor the guardian ever filed a notice claiming the residence as the Jewi-sons’ homestead pursuant to Minn.Stat. § 510.07 (1984). On January 7, 1980, a judgment in favor of respondent, Esther D.”
Steiner v. Kasden (In Re Kasden) (1995)
mnd · cites it 22×
“07 in limited circumstances, 1 the Minnesota Court of Appeals, in a 1984 en banc decision, determined an owner who is “absent from his property more than six consecutive months due to destruction of the premises by fire, and where he failed to file a notice claiming the property…”
Vickery v. First Bank of LaCrosse (1985)
minnctapp · cites it 10×
“On October 21, 1981, she executed, acknowledged and filed a Declaration of Homestead for the property pursuant to Minn.Stat. § 510.07 (1980) within the requisite six months.”
In Re Johnson (1997)
mnb · cites it 10×
“The Debtor has never filed a notice of intent to continue to claim the property as his homestead pursuant to Minn.Stat. § 510.07. 1 *880 These bare facts evidence a somewhat anomalous marital arrangement.”
State v. Litzau (2002)
minn · cites it 2×
“" 3 Weinstein & Berger, supra, § 510.07(5), at 510-17, quoted in Syrovatka v.”
Muscala v. Wirtjes (1981)
minn · cites it 5×
“Minn.Stat. § 510.07 (1980) reads: 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.”
Marriage of Jensen v. Jensen (1987)
minnctapp · cites it 7×
“Minn.Stat. § 510.07 (1984). To protect the homestead from the demands of creditors, the homestead exemption “has been liberally construed and its exceptions narrowly defined.”
In Re Holman (2002)
mnb · cites it 11×
“At no time since vacating the property, however, did the Debtor record in Beltrami County pursuant to Minn.Stat. 510.07 an intent not to abandon the homestead property.”
First National Bank of Mankato v. Wilson (1951)
minn · cites it 7×
“The judgment docketed with the clerk of the district court of Blue Earth county on August 24, 1949, became a lien upon all nonhomestead property then or thereafter owned by Lester A.”
In Re Ehrich (1990)
mnb · cites it 8×
“§ 510.07 provides, in pertinent part: 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 the owner’s hand.”
— Minn. Stat. § 510.07(5) — 1 case
State v. Litzau (2002)
minn
“" 3 Weinstein & Berger, supra, § 510.07(5), at 510-17, quoted in Syrovatka v.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.