https://minnesotalawyer.com/statutes/chapter-519a/Recent content in Chapter 519A — Rebuttable Presumptions on MinnesotaLawyer.comHugoen-ushttps://minnesotalawyer.com/statutes/chapter-519a/519a.01/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-519a/519a.01/This section explains when Minnesota’s community property rules apply. If a married couple earned property as community property under another state’s laws and then moves to Minnesota, this chapter determines what happens to that property when one spouse dies.https://minnesotalawyer.com/statutes/chapter-519a/519a.02/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-519a/519a.02/This section creates two assumptions the law uses to determine if property is community property. Property earned during marriage while living in a community property state is presumed to be community property. Property held with survivorship rights in a non-community property state is presumed not to be community property.https://minnesotalawyer.com/statutes/chapter-519a/519a.03/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-519a/519a.03/When a married person dies, half of their community property belongs to the surviving spouse and cannot be given away by will. The other half belongs to the deceased spouse and can be distributed by will or through inheritance laws. The surviving spouse cannot use their elective share rights on the deceased spouse’s half.https://minnesotalawyer.com/statutes/chapter-519a/519a.04/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-519a/519a.04/This section explains how a surviving spouse can officially establish their ownership of community property after the other spouse dies. The court can issue an order, or the personal representative or trustee can sign documents confirming the surviving spouse’s ownership.https://minnesotalawyer.com/statutes/chapter-519a/519a.05/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-519a/519a.05/This section explains how heirs, personal representatives, or trustees can establish their ownership of the deceased spouse’s half of community property when the surviving spouse holds title to it. They can file a legal action to confirm their rights.https://minnesotalawyer.com/statutes/chapter-519a/519a.06/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-519a/519a.06/This section protects people who buy community property or lend money against it in good faith. A buyer or lender who deals with the person who appears to own the property gets good title, even if the other spouse had a claim to it.https://minnesotalawyer.com/statutes/chapter-519a/519a.07/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-519a/519a.07/This section says that the community property rules in this chapter do not change the rights of creditors. Creditors can still collect debts from community property the same way they could before this law was passed.https://minnesotalawyer.com/statutes/chapter-519a/519a.08/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-519a/519a.08/This section says that married couples can change or end their community property interests at any time. The law does not prevent spouses from agreeing to divide or convert their community property.https://minnesotalawyer.com/statutes/chapter-519a/519a.09/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-519a/519a.09/This section says that the community property rules do not let a person give away property by will or trust if other laws prevent them from doing so. Existing legal restrictions on property transfer still apply.https://minnesotalawyer.com/statutes/chapter-519a/519a.10/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-519a/519a.10/This section says this law should be interpreted consistently with similar laws in other states. Because this is a uniform act adopted by multiple states, courts should try to apply it the same way everywhere.https://minnesotalawyer.com/statutes/chapter-519a/519a.11/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-519a/519a.11/This section gives the official short name of this law. It is called the ‘Uniform Disposition of Community Property Rights at Death Act.’