Confirming Your Percentage Ownership in Minnesota Real Property
Detailed answer — how to confirm your ownership percentage
If your parents own real property and you believe you may have an ownership interest, follow a clear, practical process to confirm the exact percentage you own before any sale. Ownership percentage depends on how title was conveyed and what the recorded deed(s) show. In Minnesota, the recorded deed and the chain of title control who owns what.
Step 1 — Get the recorded deed (and any later deeds)
Start at the county where the property is located. The county recorder/registrar of titles keeps recorded deeds and related documents. You can often search online or request certified copies in person or by mail. The recorded deed will show the grantees (owners) and the language used to describe ownership.
Step 2 — Read the deed language carefully
Look for phrases like:
- “as tenants in common” (often indicates specified fractional interests or, if silent, a presumption of separate shares)
- “as joint tenants with right of survivorship” (usually indicates equal ownership and survivorship)
- “one-half undivided interest” or “one-third interest” (explicit fractional shares — this directly states percentage)
- “to A and B” with no further language (many courts treat this as tenants in common with equal shares unless the deed indicates otherwise)
If the deed explicitly states fractions (for example, “to A and B as tenants in common, each a one-half interest”), your percentage is the fraction listed. If the deed uses joint tenancy language, owners usually hold equal shares unless the deed specifies unequal shares.
Step 3 — Run a title search or get a preliminary title report
If deed language is confusing or multiple deeds affect the property (e.g., later deeds, life-estate conveyances, or quitclaims), ask a title company to run a title search or generate a preliminary title report. A title report will show the complete chain of recorded documents and any recorded mortgages, liens, or restrictions that could affect ownership or sale.
Step 4 — Check for other recorded interests
Look for:
- life estate deeds or reserved life estates that give someone a present lifetime right while leaving remainder interests to others;
- transfer-on-death (beneficiary) deeds, if any;
- deeds that add or remove owners (for example, a quitclaim deed adding you or conveying you a fractional share); and
- marital or divorce-related orders that may affect ownership.
Step 5 — If title documents are unclear, consult a real estate attorney or title company
A lawyer or experienced title officer can interpret complex deed language, locate missing documents, and explain the practical effect of ownership types. They can also advise if you need a certified copy of a deed, an affidavit, or other evidence to prove your interest when a sale is proposed.
Step 6 — If you and the other owners cannot agree, consider a partition action
If you own a fractional interest but other owners want to sell and you disagree, Minnesota law allows a co-owner to ask a court to partition the property or to order its sale and divide proceeds. Partition procedures and remedies are legal processes; consult an attorney before filing. For general statutes and procedural guidance, see Minnesota statutes and county court rules (see resources below).
Practical examples
Example A: A recorded deed reads “to Alice and Bob as tenants in common, each an undivided one-half interest.” Result: Alice and Bob each own 50%.
Example B: A recorded deed reads “to Alice and Bob” with no further language. In many cases that indicates tenants in common with equal shares — often 50/50 — unless another recorded document shows different intent.
Example C: A deed states “to Alice and Bob as joint tenants with right of survivorship.” Result: Alice and Bob own equal shares during life; upon one owner’s death, the surviving owner owns the whole property automatically (not by probate).
Key documents to collect
- Recorded deed(s) — all documents transferring the property to your parents and any subsequent conveyances
- Title search or preliminary title report
- Any wills, trust documents, or beneficiary deeds that may affect ownership
- Mortgage payoff statements, lien records
Knowing which documents to look for makes confirming your percentage faster and more reliable.
Relevant Minnesota authority
Minnesota’s recorded documents and statutory law govern real property conveyances and recording. For statutory text and searches, use the official Minnesota Revisor of Statutes: https://www.revisor.mn.gov/statutes/. County recorders and registrars hold the actual recorded deeds in the county where the property sits.
For procedural matters such as partition or court actions, check the Minnesota statutes and contact the county court clerk for local filing rules.
What to ask the county recorder or title company
- Can you provide a certified copy of the current recorded deed and the chain of title?
- Do the recorded deeds specify fractional ownership or a tenancy type?
- Are any life estates, transfer-on-death deeds, or liens recorded that change ownership rights?
- Can you run a preliminary title report to show all recorded encumbrances?
When you will need an attorney
- Title documents conflict or are ambiguous.
- A co-owner claims a different percentage than the deed indicates.
- Someone claims an oral promise or unrecorded agreement to transfer an ownership share.
- You need to pursue or defend a partition action.
In these situations, an attorney can interpret the law, advise about evidence needed to prove ownership, and represent you in court actions.
Important: This explanation is general information only and is not legal advice. For specific legal advice tailored to your situation, speak with a licensed Minnesota real estate attorney.
Helpful Hints
- Start with the county recorder where the property is located — recorded deeds control ownership.
- Look for explicit fractional language in the deed; that language is the clearest indicator of percentage ownership.
- If a deed is silent about fractions or tenancy type, the common practical presumption is equal shares — but confirm with a title search or attorney.
- Keep copies of every recorded document that affects title: deeds, releases, mortgages, and court orders.
- A title company can provide a preliminary title report quickly and point out recorded interests that affect ownership or sale.
- Don’t rely on informal promises — unsigned or unrecorded agreements generally do not change record title.
- If you plan to buy out other owners or sell your share, get a written, recorded deed and coordinate with title/escrow to ensure a clean transfer.
- If a sale is imminent and you’re unsure of your rights, move quickly to obtain documents and consult an attorney to protect your share.
Useful resource: Minnesota statutes and recorded document searches are available at the Minnesota Revisor of Statutes: https://www.revisor.mn.gov/statutes/. For recorded deeds, contact the county recorder/registrar in the county where the property is located.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Minnesota attorney to get advice about your specific situation.