2025 Session
Last amended: 1986 session
§ 510.04 — Title May Be in Either Spouse; Equitable Title Exempt
Plain-Language Summary
Allows the homestead title to be held by either spouse, and the exemption protects against debts of either or both spouses. Any legal or equitable interest in the property qualifies as ownership, and the exemption applies even if the dwelling sits on someone else's land.
510.04 TITLE MAY BE IN EITHER SPOUSE; EQUITABLE TITLE EXEMPT.
If the debtor be married the homestead title may be vested in either spouse, and the exemption shall extend to the debts of either or of both. Any interest in the land, whether legal or equitable, shall constitute ownership, within the meaning of this chapter, and the dwelling house so owned and occupied shall be exempt, though situated on the land of another.
History:
History: History: (8339) RL s 3455; 1986 c 444
Practical Notes
This is important for married couples: even if only one spouse holds title, the homestead exemption shields the property from the other spouse’s creditors too. Contract-for-deed buyers and others with equitable interests also qualify for protection.