Key Takeaways
- Minnesota recognizes tenancy in common, joint tenancy, and tenancy by the entirety (limited)
- Minnesota still uses the Torrens title system alongside abstract title
- Joint tenancy requires the four unities: time, title, interest, and possession (TTIP)
- Minnesota is NOT a community property state
- Homestead rights protect the family home from certain creditors
Last updated: January 2026
Property Ownership & Title
Understanding property ownership forms is essential for Minnesota practice.
Co-Ownership Types
Tenancy in Common (TIC)
| Feature | Detail |
|---|---|
| Default | Assumed if not specified |
| Shares | Can be unequal |
| Survivorship | NO right of survivorship |
| Transfer | Can sell/will share |
| Partition | Can force sale |
Joint Tenancy
| Feature | Detail |
|---|---|
| Shares | Must be equal |
| Survivorship | YES—surviving owner inherits |
| Four unities | TTIP required |
| Severance | Can be broken |
| Express creation | Must be stated |
Four Unities (TTIP)
| Unity | Meaning |
|---|---|
| Time | Acquired same time |
| Title | Same deed |
| Interest | Equal shares |
| Possession | Equal right to possess |
Torrens Title System
Minnesota is one of few states still using Torrens:
| Feature | Description |
|---|---|
| Certificate of Title | Government-issued |
| Registered | With Registrar of Titles |
| Guaranteed | State guarantees title |
| No search needed | Title is conclusive |
| Assurance fund | Protects against errors |
Torrens vs. Abstract
| Torrens | Abstract |
|---|---|
| Certificate of title | Chain of title |
| State guaranteed | Title insurance |
| No search needed | Full title search |
| Registered land | Unregistered land |
| Less common | More common |
Bringing Land into Torrens
| Step | Details |
|---|---|
| Application | File with court |
| Examination | Title examined |
| Hearing | Court hearing |
| Decree | Court orders registration |
| Certificate | Issued by Registrar |
Minnesota Homestead Rights
Homestead Protection
| Feature | Details |
|---|---|
| Family home | Primary residence |
| Creditor protection | Some protection from judgment creditors |
| Spouse signature | Required for conveyance |
| 160 acres rural | Maximum rural homestead |
| 1/2 acre urban | Maximum urban homestead |
Separate Property State
| Concept | Minnesota Rule |
|---|---|
| Not community property | Equitable distribution |
| Marital property | Divided fairly, not equally |
| Separate property | Stays with original owner |
| Divorce | Court determines fair division |
Life Estates
| Feature | Detail |
|---|---|
| Duration | Life of life tenant |
| Remainder | Goes to remainderman |
| Waste | Life tenant can't damage |
| Sale | Can sell life estate only |
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Test Your Knowledge
What is unique about Minnesota's title system?
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Test Your Knowledge
What are the four unities required for joint tenancy?
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