Minnesota Statutes

Minn. Stat. § 518.63 (2026)

Homestead, Occupancy

✓ current as of May 2026

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The court, having due regard to all the circumstances and the custody of children of the parties, may award to either party the right of occupancy of the homestead of the parties, exclusive or otherwise, upon a final decree of dissolution or legal separation or proper modification of it, for a period of time determined by the court. An award of the right of occupancy of the homestead, whether exclusive or otherwise, may be in addition to the maximum amounts awarded under sections 518.58, 518A.53, and 518A.63.

Notes of Decisions

Cited in 20 cases, 1959–2019 · leading case: Marriage of Holmberg v. Holmberg, 578 N.W.2d 817 (Minn. Ct. App. 1998).

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Marriage of Holmberg v. Holmberg, 578 N.W.2d 817 (Minn. Ct. App. 1998). · cites it 4× “Minn.Stat. § 518.63 (1996). [9] Sandra Holmberg also argued that "judicial preclusion" precluded any modification of the terms for payment of her lien.”

Marriage of Angelos v. Angelos, 367 N.W.2d 518 (Minn. 1985). · cites it 2× “2, and provided for its modification in Minn.Stat. § 518.63 (1984), any motion requesting a change in occupancy, like those requesting changes in maintenance or support, is a type of “special proceeding.”

Marriage of Goar v. Goar, 368 N.W.2d 348 (Minn. Ct. App. 1985). · cites it 4× “rital property pursuant to a judgment and decree: The court, having due regard to all the circumstances and the custody of children of the parties, may award to either party the right of occupancy of the homestead of the parties, exclusive or otherwise, upon a final decree of…”

Ruprecht v. Ruprecht, 96 N.W.2d 14 (Minn. 1959). · cites it 3× “” Section 518.63 relates to awarding right of occupancy of the homestead, under circumstances where it might be beneficial to the parties or either of them, exclusive or otherwise, upon a final decree of divorce or modification thereof.”

Bogen v. Bogen, 261 N.W.2d 606 (Minn. 1977). “Although no title or valuation problem preventing sale and immediate division of proceeds was shown in the present case, we hold that the division of the condominium into a life estate and a remainder interest was well within the trial court’s discretion under § 518.63. Indeed,…”

Schuck v. Schuck, 390 N.W.2d 2 (Minn. Ct. App. 1986). · cites it 6× “Quoting Minn.Stat. § 518.63: “Once the court has taken into consideration ‘all the circumstances and the custody of the children,’ its disposition becomes a matter of discretion.”

Marriage of Thomas v. Thomas, 356 N.W.2d 76 (Minn. Ct. App. 1984). · cites it 2× “* * * Except for an award of the right of occupancy of the homestead, provided in section 518.63, all divisions of real and personal property provided by section 518.”

Marriage of Hanson v. Hanson, 379 N.W.2d 230 (Minn. Ct. App. 1985). · cites it 2× “2 (1984), which provides: [Ejxcept for an award of the right of occupancy of the homestead, provided in section 518.63, all divisions of real and personal property provided by section 518.”

Marriage of Rohling v. Rohling, 379 N.W.2d 519 (Minn. 1986). “Other alternatives could have included the granting of Petitioner maintenance sufficient to maintain payments on a second mortgage or to grant Petitioner lifetime occupation of the homestead pursuant to Minn.Stat. 518.63. Either alternative would have resulted in a more complex…”

Marriage of Sward v. Sward, 410 N.W.2d 442 (Minn. Ct. App. 1987). · cites it 2× “We conclude the court had the implicit power to restrain Steven from entering the homestead whose occupancy it had awarded to Bernadine under Minn.Stat. § 518.63 (1986). It could also restrain his entry onto the homestead for purposes of exercising visitation.”

Marriage of Angelos v. Angelos, 372 N.W.2d 405 (Minn. Ct. App. 1985). · cites it 2× “Minn.Stat. § 518.63 (1984). Appellant contends that a standard for modification other than a material change of circumstances should be used.”

Marriage of Thompson v. Thompson, 385 N.W.2d 20 (Minn. Ct. App. 1986). · cites it 2× “1985), which provides: [Ejxcept for an award of the right of occupancy of the homestead, provided in section 518.63, all divisions of real and personal property provided by section 518.”

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