Minnesota Emancipation of Minor Law

Minors – Emancipation of Minor – Minnesota

§507.02: Conveyances by spouses; powers of attorney.

If the owner is married, no conveyance of the homestead, except a mortgage for purchase money unpaid thereon, 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.

A husband and wife, by their joint deed, may convey the  real estate of either.  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.

Note: For judicial emancipation requirements, please see In re Application of County of St. Louis to Determine Settlement of LaDean Fiihr. County of St. Louis v. County of Scott; 289 Minn. 322; 184 N.W.2d 22 (1971).