Minn. Stat. » CHAPTER 558. PARTITION OF REAL PROPERTY
Minnesota Statutes

Minn. Stat. § 558.09 (2026)

Liens, How Affected

✓ current as of May 2026
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When there is a lien on an undivided interest or estate of any of the parties, if partition is made such lien is thenceforth a charge only on the share allotted to such party; but such share shall first be charged with its just proportion of the costs and charges of the partition, in preference to such lien.

Notes of Decisions
Cited in 3 cases, 2005–2018 · leading case: Neumann v. Anderson, 916 N.W.2d 41 (2018).
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Neumann v. Anderson, 916 N.W.2d 41 (2018). · cites it 2× “, Minn. Stat. §§ 558.09 , .10, .14, .15, .17, .”
Donald A. Rask v. James Rask, Gary Rask, Bell State Bank & Trust, d/b/a Bell Mortg. (Minn. Ct. App. 2016). · cites it 4× “, Minn. Stat. §§ 558.09 , .10, .14, .15, .17, .”
Gibson v. Trs. of the Minnesota State Basic Bldg. Trades Fringe Benefits Funds, 703 N.W.2d 864 (Minn. Ct. App. 2005). · cites it 2× “2d Cotenancy and Joint Ownership § 23 (2005); and (b) if there is a lien on one joint tenancy interest in property that is sold at a partition sale, the lien is only a charge on the proceeds allotted to the holder of the joint tenancy based on his or her share of the total…”
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