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Blackowiak v. Mielke

March 8, 2005

DAVID BLACKOWIAK, RESPONDENT,
v.
ROGER MIELKE, APPELLANT.



Carver County District Court File No. CV-04-435.

Considered and decided by Minge, Presiding Judge; Toussaint, Chief Judge; and Schumacher, Judge.

SYLLABUS BY THE COURT

Pursuant to Minn. Stat. §§ 500.19, subd. 4, and 507.02 (2004), a married person may directly convey real property to a spouse.

The opinion of the court was delivered by: Minge, Judge

Affirmed

OPINION

Appellant challenges a judgment evicting him from his home, claiming that because respondent's chain of title is based on a deed from a husband and wife to the wife individually, respondent was not the owner of the property. We affirm.

FACTS

In 2001, Ortwin Mielke and his wife, Lorraine Mielke, joined in a quitclaim deed purporting to convey fee simple title for property in Carver County to Lorraine. At the time it was not their homestead. Roger Mielke, the appellant in this proceeding, resided on the property pursuant to an informal, month-to-month lease arrangement. Appellant is the son of Ortwin and the stepson of Lorraine. After the death of Ortwin, Lorraine sold the property on a contract for deed to David Blackowiak, the respondent in this proceeding.

Shortly after his purchase on the contract for deed, respondent notified appellant that his lease would terminate on March 31, 2004. Appellant was given until April 30, 2004, to remove his personal property. On May 7, 2004, when appellant had not vacated the property, respondent brought an unlawful detainer action against appellant. Appellant objected to the proceeding on the ground that Ortwin and Lorraine's deed to Lorraine was ineffective and therefore she did not convey any ownership rights to respondent by the contract for deed. The district court rejected this claim, granted the writ of recovery for the property, and ordered appellant to vacate the premises. This appeal followed.

ISSUE

May a husband and wife directly convey real property to the wife individually?

ANALYSIS

The issue in this case is whether a deed from Ortwin and Lorraine Mielke, a married couple, to Lorraine Mielke is valid to transfer Ortwin's ownership interest to Lorraine. If the conveyance to her was invalid, her contract for deed with respondent does not convey an ownership interest to ...


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