Real Property – Homestead; Non-signing Spouse 

Posted: 1:00 am Mon, February 1, 2010
By admin
Tags: Real Property

The purpose of Minn. Stat. sec. 507.02 (2008), which requires the signatures of both spouses to validly convey homestead property, is satisfied when the non-signing spouse participates in the mortgage application process, is present at the closing, benefits from the mortgage, and waives his or her homestead rights.

In this case, where a mortgage was signed only by husband, but wife actively and knowingly participated in the transaction, and her signature as “non-borrower” was modified by language that stated, “Signing solely for the purpose of waiving any and all Homestead Rights,” we conclude that the mortgage may be enforced.

Reversed.