How to Buy Out Co-Owners to Keep a Minnesota Home — FAQ
Short answer: First confirm how title is held. Get a current deed and title report, determine each owner’s share and the home’s market value, negotiate a buyout price, handle mortgage issues (usually by refinancing), prepare and sign a deed transferring ownership, and record the deed. If co-owners refuse to sell, you can pursue a partition action in court. This article explains each step under Minnesota law and links to key statutes.
Detailed answer — step-by-step guide
1. Determine how the property is owned
Obtain a copy of the recorded deed from your county recorder or a title company. The deed will show whether owners hold the property as joint tenants with right of survivorship, tenants in common, or another form of ownership. If the deed shows joint tenancy with survivorship, an owner’s interest generally passes to the surviving owners at death rather than being sold; if it shows tenants in common, each owner has a divisible share that can be sold or transferred.
2. Get a title report or title search
Order a title search or title commitment from a title company. This reveals liens, mortgages, encumbrances, and any recorded agreements that affect transfer. If there is a mortgage, the lender’s documents and payoff amount will affect how you structure the buyout.
3. Establish the value and each owner’s share
Have the home appraised or obtain a broker price opinion to set a fair market value. If ownership is undivided (for example, four equal tenants in common), each owner normally owns one-fourth. Use the ownership percentages to calculate a fair buyout amount.
4. Negotiate terms with your siblings
Discuss price, payment method (cash, installments, assumption, or refinance), timeline, and who pays closing costs. Put any agreement in writing. Consider using a mediator if negotiations stall.
5. Address the mortgage
Two separate but related issues arise: (a) removing co-owners from title; and (b) removing co-borrowers from the mortgage. Recording a deed can transfer ownership, but it does not remove someone from the mortgage. If your siblings are co-borrowers on the mortgage, the lender will typically require refinancing into your name alone before it will release them. If the mortgage is paid off at closing, the debt is removed. Always confirm lender requirements early in the process.
6. Draft and sign transfer documents
When you and your siblings agree, a deed (often a quitclaim deed or warranty deed) conveys the sellers’ interests to you. Use a properly drafted deed that complies with Minnesota recording requirements and clearly describes the property and parties. Have all required acknowledgments and notarizations completed.
7. Closing and recording
Close the transaction with a title company or closing attorney. At closing you will exchange funds, obtain signed deeds, and the title company will record the new deed with the county recorder. If you obtain a new mortgage, the lender will record the mortgage instrument.
8. Consider tax and estate implications
Review potential capital gains consequences, gift-tax issues if the buyout price differs from market value, and how the change affects estate planning. Consult a tax advisor for specifics.
9. If negotiations fail: partition actions under Minnesota law
If your siblings refuse to sell or cannot agree on a buyout, you may file a partition action. In Minnesota, a court can order a partition in kind (divide the land) or a partition by sale (sell the property and divide proceeds). The court may appoint commissioners to value the land and carry out the sale. See Minnesota’s partition statutes for procedure: Minn. Stat. § 559.01 and related provisions at the same chapter (chapter 559).
Common legal and practical issues to plan for
- Mortgage liability: Recording a deed does not remove someone from the mortgage — only pay-off or lender-approved refinancing does.
- Refinance timeline: If you need to refinance, start early; underwriting can take weeks and will depend on your income, credit, and loan-to-value ratio.
- Funding the buyout: Options include cash, seller financing (with a promissory note and mortgage), or an agreement to pay over time. Seller financing carries risk for sellers if the buyer defaults.
- Title insurance: Obtain title insurance at closing to protect against undiscovered title defects.
- Family dynamics: Use clear written agreements to avoid misunderstandings and reduce future disputes.
Practical timeline and cost expectations
Negotiated buyouts typically take 1–3 months if financing is simple. Refinances can add 30–60 days. Partition litigation can take many months to over a year and create significant legal costs. Expect closing costs (title, recording fees, attorney or closing agent fees) and possible appraisal and inspection fees.
Helpful Hints
- Start by getting a recorded deed and a title report so you know exactly who owns what and what liens exist.
- Get a professional appraisal to avoid overpaying and to support fair offers.
- Talk to the mortgage lender early to learn requirements for removing co-borrowers.
- Consider refinancing into your name alone if you plan to be the sole owner and lender approval is required to remove siblings from the loan.
- Use a written purchase agreement that spells out price, payment terms, and what happens if someone fails to sign closing documents.
- If emotions run high, use a mediator experienced in real estate disputes before resorting to court.
- If you’re considering filing a partition action, consult a Minnesota real estate attorney to evaluate likely outcomes under Minn. Stat. ch. 559.