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MinnesotaSF 20294th Legislature, 2025-2026SenateWALLET

Minnesota Partition Act Establishment

Sponsored By: Michael E. Kreun (Republican)

Became Law

Judiciary and Public SafetyJudiciary Finance and Civil Law

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 4 benefits, 2 costs, 2 mixed.

Inherited property deeds get retroactive corrections

The law extends a title-correction rule for transfer-on-death deeds, which pass property to a named recipient at death. For correcting title defects, the rule covers deeds recorded before, on, or after the day following final enactment. This correction has retroactive effect beginning April 27, 2024.

New property division rules for co-owners

The new partition rules cover cases filed on or after August 1, 2025; earlier cases stay under the old chapter. Joint tenants and tenants-in-common can ask courts to divide property, sell all or part, or order another fair solution. Covered interests include full ownership, lifetime ownership, and shared lease rights. Before deciding whether division unfairly harms co-owners as a group, courts must weigh seven factors: practical divisibility, value compared with sale, ownership history, sentimental ties, lawful use, expense contributions, and other relevant facts. No single factor decides the case. Certain interim orders or judgments can be appealed within 30 days.

Property owners get clearer condemnation notices

In government land-taking cases, petitioners must mail notice within 10 days after filing the commissioners' compensation report. Recipients include listed respondents, qualifying parties with court-noted appearances and claimed parcel interests, and attorneys who have appeared. Petitioners must file proof of mailing; notice by publication does not require an additional mailing. Appeals generally are due within 40 days after the report is filed; a co-party's appeal opens a 50-day window for others. Appeal notices must identify the award or omission, land, grounds, and applicable laws, and reach parties identified in the mailing affidavit. Service can use mail or electronic service; mailed service takes effect upon deposit and requires proof.

Sale referees cannot buy owners' property

For cases filed on or after August 1, 2025, courts can appoint one to three independent referees. They handle property sales or physical divisions and report to the court. A referee cannot directly or indirectly benefit from buying property sold in the case. Someone acting for the referee's benefit cannot buy it either. Confirmed sales and referee deeds can be recorded to transfer title and bind the covered parties and their successors.

Future owners face limits on lawsuits

This rule applies to cases filed on or after August 1, 2025. Someone entitled to property after a life tenant's interest ends can seek relief against that tenant only to prevent waste. Waste means damage to the future property interest. The court can order division or another fair remedy to prevent that harm.

Property division costs reduce owners' proceeds

For cases filed on or after August 1, 2025, owners generally pay referee and professional expenses based on ownership shares. Courts can order a different split, including legal costs charged to specific shares based on parties' conduct. Sale money pays, in order: general case costs, referee costs, awarded legal fees and costs, then liens by priority. Owners receive the remaining money by their shares; money for unknown owners stays with the court until further order. After a physical division, a lien on one owner's undivided interest attaches only to that owner's awarded share. A buying co-owner or lienholder can have their entitled proceeds applied toward the purchase. Partition judgments can be enforced against property, including homesteads.

Co-owners can owe property balancing payments

For cases filed on or after August 1, 2025, courts can order payments when an equal division harms owners' rights. One owner pays another to balance their shares. An owner who accepts property that cannot be divided without damage must pay amounts the court awards. At the parties' request, courts can also move property interests or non-mortgage liens between properties. The lienholder must join the case; mortgage liens cannot be moved this way.

Protected owners get guardians but pay fees

This rule covers partition cases filed on or after August 1, 2025. Courts must appoint an independent guardian for minors, people under disability, and unborn people with possible property interests or liens. A party or interested person can request the appointment, or the court can act on its own. The court sets the guardian's fee and charges it against that person's share of the proceeds.

Sponsors & Cosponsors

Sponsor

  • Michael E. Kreun

    Republican • Senate

Cosponsors

  • Zach Duckworth

    Republican • Senate

  • Feist

    Affiliation unavailable

  • Ron Latz

    Democratic • Senate

  • Scott

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 181 • No: 12

House vote • 3/20/2025

Passage

Yes: 119 • No: 12

Senate vote • 2/10/2025

Third Reading

Yes: 62 • No: 0

Actions Timeline

  1. Secretary of State Chapter 2

    3/28/2025Senate

  2. Governor's action Approval

    3/28/2025Senate

  3. Presentment date

    3/28/2025Senate

  4. Returned from House

    3/24/2025Senate

  5. Bill was passed vote: 119-12

    3/20/2025House

  6. Third reading

    3/20/2025House

  7. House rule 1.21, placed on Calendar for the Day Thursday, March 20, 2025

    3/20/2025House

  8. Second reading

    2/24/2025House

  9. Committee report, to adopt

    2/24/2025House

  10. Senate file first reading, referred to Judiciary Finance and Civil Law

    2/13/2025House

  11. Received from Senate

    2/13/2025House

  12. Author added Duckworth

    2/13/2025Senate

  13. Third reading Passed vote: 62-0

    2/10/2025Senate

  14. Special Order

    2/10/2025Senate

  15. Second reading

    1/30/2025Senate

  16. Comm report: To pass as amendeda 1

    1/30/2025Senate

  17. Referred to Judiciary and Public Safety

    1/16/2025Senate

  18. Introduction and first reading

    1/16/2025Senate

Bill Text

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