Homestead Law

"A reasonable amount of property shall be exempt from seizure or sale for the payment of any debt or liability. The amount of such exemption shall be determined by law. Minnesota Constitution Article I, §12.

The house and land owned and occupied by a debtor is exempt from seizure or sale on account of any debt not lawfully charged in writing, except debt incurred for work or materials furnished in the construction, repair, or improvement of the homestead, or for services performed by laborers or servants. Minn. Stat. §510.01.

The exemption per homestead, whether claimed by one or more debtors, may not exceed $480,000 or, if the homestead is used primarily for agricultural purposes, $1,200,000. Minn. Stat. §510.02.

If a debtor is married, the homestead title may be vested in either spouse and the exemption extends to the debts of either or both. Any interest in land constitutes ownership and the dwelling house on that land is exempt even if it is on the land of another. Minn. Stat. §510.04

An exemption is not lost if the owner dies or deserts the family leaving a spouse or minor children. Minn. Stat. §510.06"

Kipp v. Sweno, 683 N.W.2d 259 (Minn. 2004), a judgment debtor's homestead property, held in joint tenancy with his nondebtor spouse, cannot be unilaterally severed through an execution sale in order to satisfy the judgment against the debtor. In addition, Minn. Stat. §510.02 allows the homestead exemption to be fully claimed individually or jointly by either spouse. The value limitation is not reduced in half if only one spouse is faced with a need and desire to utilize the exemption on a homestead property.