Clarification that courts are not prohibited from applying equitable principles to enforce certain documents

A bill for an act

relating to real property; clarifying that courts are not prohibited from applying

equitable principles to enforce certain documents; amending Minnesota Statutes

2024, section 507.02.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 507.02, is amended to read:

507.02 CONVEYANCES BY SPOUSES; POWERS OF ATTORNEY.

If the owner is married, no conveyance of the homestead, except a mortgage for purchase

money under section
507.03
, a conveyance between spouses pursuant to section
500.19,

subdivision 4
, or a severance of a joint tenancy pursuant to section
500.19, subdivision 5
,

shall be valid without the signatures of both spouses. A spouse's signature may be made by

the spouse's duly appointed attorney-in-fact.

Spouses who are married to each other may convey the real estate of either by their joint

deed. A spouse, by separate deed, may convey any real estate owned by that spouse, except

the homestead, subject to the rights of the other spouse therein; and either spouse may, by

separate conveyance, relinquish all rights in the real estate so conveyed by the other spouse.

Subject to the foregoing provisions, either spouse may separately appoint an attorney-in-fact

to sell or convey any real estate owned by that spouse, or join in any conveyance made by

or for the other spouse. Use of a power of attorney is subject to section
518.58, subdivision

1a
. A minor spouse has legal capacity to join in a conveyance of real estate owned by the

other spouse, so long as the minor spouse is not incapacitated because of some reason other

than that spouse's minor age.

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This section does not prohibit a court of equity from applying equitable principles to

enforce a document, that may otherwise be void, to prevent a windfall.

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