Minn. Stat. » CHAPTER 513. AGREEMENTS RELATING TO PROPERTY
Minnesota Statutes

Minn. Stat. § 513.46 (2026)

When Transfer Is Made Or Obligation Is Incurred

✓ current as of May 2026
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For the purposes of sections 513.41 to 513.51:

(1) a transfer is made:

(i) with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and

(ii) with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under sections 513.41 to 513.51 that is superior to the interest of the transferee;

(2) if applicable law permits the transfer to be perfected as provided in paragraph (1) and the transfer is not so perfected before the commencement of an action for relief under sections 513.41 to 513.51, the transfer is deemed made immediately before the commencement of the action;

(3) if applicable law does not permit the transfer to be perfected as provided in clause (1), the transfer is made when it becomes effective between the debtor and the transferee;

(4) a transfer is not made until the debtor has acquired rights in the asset transferred; and

(5) an obligation is incurred:

(i) if oral, when it becomes effective between the parties; or

(ii) if evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.

Notes of Decisions
Cited in 3 cases, 2014–2016 · leading case: Citizens State Bank Norwood Young Am. v. Gordon Brown, 849 N.W.2d 55 (Minn. 2014).
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Citizens State Bank Norwood Young Am. v. Gordon Brown, 849 N.W.2d 55 (Minn. 2014). · cites it 3× “Minn. Stat. § 513.46 (1)(ii). The Browns were 7 The Bank no longer argues that the transfers were concealed because they were not disclosed, an argument that the court of appeals rejected in its consideration of the case.”
Kelley v. Opportunity Fin., LLC (In re Petters Co.), 532 B.R. 100 (Bankr. D. Minn. 2015). · cites it 2× “Minn.Stat. § 513.46(l)(ii); Citizens State Bank Nor-wood Young America v.”
Landmark Cmty. Bank, N.A. v. John D. Klingelhutz, 874 N.W.2d 446 (Minn. Ct. App. 2016). “§ 513.46(l)(i). Here, husband and wife transferred the Bayport property when they recorded the interest of wife’s LLC in the property in April 2012, which made her LLC’s interest superior to all future good-faith purchasers, such as Landmark.”
Minn. Stat. § 513.46(l)(i): 1 case
Landmark Cmty. Bank, N.A. v. John D. Klingelhutz, 874 N.W.2d 446 (Minn. Ct. App. 2016). “§ 513.46(l)(i). Here, husband and wife transferred the Bayport property when they recorded the interest of wife’s LLC in the property in April 2012, which made her LLC’s interest superior to all future good-faith purchasers, such as Landmark.”
Minn. Stat. § 513.46(l)(ii): 2 cases
Citizens State Bank Norwood Young Am. v. Gordon Brown, 849 N.W.2d 55 (Minn. 2014). “Minn. Stat. § 513.46 (1)(ii). The Browns were 7 The Bank no longer argues that the transfers were concealed because they were not disclosed, an argument that the court of appeals rejected in its consideration of the case.”
Kelley v. Opportunity Fin., LLC (In re Petters Co.), 532 B.R. 100 (Bankr. D. Minn. 2015). “Minn.Stat. § 513.46(l)(ii); Citizens State Bank Nor-wood Young America v.”
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