Legal Descriptions for Real Property in Minnesota Divorces- Get it Right

Home with ChimmeyThe legal description of a section of real property is a specific means of identifying with great particularity that section of real property as opposed to all other real property.

Legal descriptions are comprised of letters, words, and numbers that ultimately allow a surveyor to physically set out the boundaries of the property.

The legal description describes to the real property world with great precision what is yours.

The legal description of a section of real property must be exact language  that matches the recorded legal description for that section of real property; no capital letter can be changed or a comma left out or a number (4) written as “four.”  Exact language means a perfect duplication of every letter, number, period and comma contained in the complete and exact legal on file with the County Recorder for the County where the property is located.

Complete and exact legal descriptions are necessary in any transfer of real property no matter what sort of transfer. An incomplete or  inexact legal description will not result in a good clean transfer of title.

Re-Typing the Legal Description

Re-typing the legal description is never recommended.  It is too easy to make a mistake in re-typing a legal description.  The best practice is to the copy the legal description obtained from the County Recorder’s office and attach the legal as an exhibit to any court pleading or other document and reference the exhibit by incorporation; e.g.   Legal description is attached hereto and marked Exhibit A.

Why You Should Not Use the Property Tax Statement Description for Real Property

The property tax statement has an abbreviated version of the legal description of the property and should not be relied upon as the complete and exact legal description for any real property. if you have used the abbreviated form of a legal description in any of your legal documents, then you must redo these documents with the complete and exact legal description.

Minnesota Divorce Documents That Require the Complete and Exact Legal Description of Real Property

There are three documents that you have to consider in any Minnesota divorce where real property is changing title.  The Minnesota divorce decree; and, the quit claim deed to one party signed by the other party; and, the summary real estate disposition must all contain the complete and exact legal description.    All three documents must have the complete and exact legal description of each property awarded in the divorce. All three documents must have the same complete and exact legal.

If the complete and exact legal description is not used, then somewhere down the road when that property is sold or otherwise transferred you will have a problem and will have to go back and try to correct the problem.  You may not be able to find the person who should sign the quit claim deed or sign an agreement amending the decree to correct the legal.  Title will not pass a title examination unless the legal descriptions are all complete and exact in every divorce in all of the necessary documents.

The best practice in any Minnesota divorce involving real property is to get the complete and exact legal description for each section of real property from the County Recorder where the property is located. Make certain that  all three documents–  the Minnesota divorce decree, the quit claim deed, and the summary real estate disposition –contain the complete and exact legal descriptions for any real property in the divorce.   Do it right and do it once.

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, 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

No comments yet... Be the first to leave a reply!

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: