Minnesota Statutes

Minn. Stat. § 558.16 (2026)

Proceeds, How Applied

✓ current as of May 2026

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The proceeds of the sale of the property shall be applied under the direction of the court as follows:

(1) to pay its just proportion of the general costs of the action;

(2) to pay the costs of the reference;

(3) to satisfy and cancel of record the several liens, if any, in their order of priority, by payment of the sums due and to become due; the amount remaining due to be verified by affidavit at the time of payment;

(4) the residue among the owners of the property sold, according to their respective shares.

Notes of Decisions

Cited in 4 cases, 1948–2016 · leading case: Swogger v. Taylor, 68 N.W.2d 376 (Minn. 1955).

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Swogger v. Taylor, 68 N.W.2d 376 (Minn. 1955). · cites it 2× “14 Section 558.16, which governs the distribution of the proceeds of a sale, provides that after the payment of costs and the satisfaction of any liens, the residue shall be divided among the owners of the property sold according to their respective shares.”

First Trust Co. of St. Paul v. Holt, 411 N.W.2d 564 (Minn. Ct. App. 1987). · cites it 2× “See Minn.Stat. § 558.16(4) (1986) (proceeds distributed to owners “according to their respective shares”).”

Nw. Nat'l Bank v. Balch, 31 N.W.2d 20 (Minn. 1948). “§ 558.16; Johnson v. Avery, 56 Minn. 12 , 57 N.”

Mark L. Kness v. Judith M. Paulson, n/k/a Judith M. Cady (Minn. Ct. App. 2016). · cites it 2× “” Minn. Stat. § 558.16 (2014). “A [district] court’s decision regarding division of partition sale proceeds should not be reversed absent an abuse of its discretion.”

— Minn. Stat. § 558.16(4) — 1 case

First Trust Co. of St. Paul v. Holt, 411 N.W.2d 564 (Minn. Ct. App. 1987). “See Minn.Stat. § 558.16(4) (1986) (proceeds distributed to owners “according to their respective shares”).”

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