Follow-Up to Minnesota Divorce Transfers to Real Property-The Summary Real Estate Disposition Judgment

Home with ChimmeyLast week we discussed the importance of using the complete and exact legal description for any real property transferred in a Minnesota divorce proceeding.   In summary, the Minnesota divorce decree, the quit claim deed and the Summary Real Estate Disposition Judgment must contain the complete and exact legal description for each piece of real property transferred in a Minnesota divorce.  This post examines the Summary Real Estate Disposition Judgment form.

A title examiner uses Title Standards to determine whether real property documents have met the basic transfer requirements; and, ultimately whether or not real property has a clear title.  The Standards are rules created by the Real Estate Section of the Bar Association.

Prior to 2006, a certified copy of Minnesota divorce decree was usually recorded with the County Recorder. The problem and issue with recording the entire divorce decree is that not everyone wants the divorce recorded as a public document.  Privacy concerns are raised when the completed decree is recorded.  The decree is always available at the Courthouse, but why make the decree available in another public arena?

The Summary Real Estate Disposition Judgment now operates to transfer real property in a Minnesota divorce without the necessity of recording the complete  divorce decree.

The Summary Real Estate Disposition Judgment  ( SREDJ) is a short-hand form of the divorce decree outlining the Title Standard requirements for the transfer of the real property in the divorce; specifically, Title Standard 84 articulates the requirements for transfers of real property in a Minnesota divorce.

Chief among the requirements in the SREDJ s a complete and exact legal description for any real property transferred.   The SREDJ must also include the following:

  • the manner of the divorce; that is, by agreement, default hearing, or trial; 
  • the county and court file number;
  •  the date of marriage and the date the divorce was entered;
  • the name of the Judge granting the divorce;
  • the names of the attorneys or indication of pro se clients;
  • any name changes  in the divorce for any of the parties;
  • the name of the party who is awarded the real property;
  • whether  the other party has a marital lien reservation (  For example, “A marital lien is reserved in favor of Petitioner in the amount of $100,000”) 
  • whether the award of the real property is contingent on anything.  ( For example, “Payment of the marital lien in favor of Petitioner in the amount of $100,000 within sixty (60) days from and after the entry of the divorce).  
  • The language in the SREDJ should track the exact language  of the divorce decree relative to any marital liens or contingency awards of the property. 

The completed SREDJ in then filed with the Court. The Court signs the SREDJ  and it becomes a Judgment.  A certified copy of the signed SREDJ is submitted  to the County Recorder’s office where the real property is situated.  The SREDJ is recorded and is available to any title examiner as evidence of transfer of the real property as well as evidence of a change of marital status.

If you are not certain about completing the SREDJ form and the procedure for recording, then have an attorney do it for you. There are attorneys who offer limited services as needed in a Minnesota divorce.  You pay for the service you need without paying a high retainer.

Transferring title to real property should happen at the time of the divorce. You don’t want to be scrambling to try and obtain a clear title somewhere down the road when you have a sale pending or some other event that requires a clear title.

The SREDJ form is usually available online . For attorneys, the SREDJ form is available on the Minnesota State Bar Association website.

If you like this post, I would love it if you would hit the “subscribe” button so that I may continue to share a variety of family law topics with you.  Please do share this post via the share buttons at the bottom of the page. Thanks for reading.

Kate Willmore, Saint Cloud, Minnesota, Divorce, Father’s Rights, Mother’s Rights, Grandparent’s Rights, Family Lawyer, Family Court Lawyer and Mediator

Call me at (320) 217-6030  or e-mail me.

Copyright 2015

About Kate Willmore, Esq.

Kate Willmore, Saint Cloud, Minnesota, divorce, custody and family attorney brings over 25 years experience to every client's legal matter. *** Licensed in Minnesota and in California

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