Skip to content
ClosingCodeClosingCode
ENES

Minnesota · Minn. Stat. §507.02Minnesota homestead: why both spouses sign the deed

In Minnesota, if the owner is married, no conveyance of the homestead is valid without the signatures of both spouses – apart from a purchase-money mortgage, a conveyance between the spouses, or a severance of a joint tenancy under §500.19 (Minn. Stat. §507.02). A spouse's signature may be made by the spouse's duly appointed attorney-in-fact. Spouses can convey the real estate of either by joint deed, and a spouse may convey separately owned real estate by separate deed – except the homestead – subject to the other spouse's rights. A minor spouse has capacity to join in a conveyance of the other spouse's real estate (§507.02).

The rule

  1. 1. Homestead (§507.02)

    No conveyance by a married owner is valid without both spouses' signatures.

  2. 2. Exceptions

    Purchase-money mortgage, conveyance between spouses, joint tenancy severance.

  3. 3. Power of attorney

    A spouse may sign through a duly appointed attorney-in-fact.

  4. 4. Other real estate

    A spouse may convey separate non-homestead property by separate deed.

What the TC can do

  • Ask early whether the seller is married and whether the house is their home.
  • Tell the closing agent so the deed and closing documents include the spouse.
  • If the spouse can't attend, ask the closing agent about a power of attorney well before closing.

Questions about spouses signing

Does a non-owner spouse have to sign a Minnesota home sale?

Yes, if the property is the homestead – no conveyance by a married owner is valid without both spouses' signatures (Minn. Stat. §507.02).

Can a Minnesota spouse sign by power of attorney?

Yes – the statute allows the spouse's signature to be made by a duly appointed attorney-in-fact (§507.02).

Related guides

Add a task in ClosingCode to confirm every required signer, with an owner and a due date before closing.

Start free trial

Source: Minnesota Statutes §507.02 (revisor.mn.gov, read October 26, 2026).

General information, not legal advice. Whether a property is a homestead and who must sign is a question for the closing attorney or title company. ClosingCode is software; it is not a law firm or title company. This guide is not a substitute for the advice or services of an attorney.