Minnesota State Real Estate Practice Test

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Which condition is NOT required for severance of joint tenancy in Minnesota?

Recording the instrument in the county office
Execution by all joint tenants
Severance ordered by a court
Notarization of the instrument

The correct answer is: Notarization of the instrument

In Minnesota, severance of joint tenancy can occur through various means, but notarization of the instrument is not a required condition for this process. When joint tenants decide to terminate their joint tenancy arrangement, they may do so through methods such as mutual agreement documented by a written instrument, a court order, or by any joint tenant taking actions that demonstrate their intent to sever the tenancy. The other options provided have specified requirements for severance. For instance, recording the appropriate instrument in the county office is often necessary to provide public notice of the change in ownership. Execution by all joint tenants is typically required when they are in agreement to dissolve the joint tenancy. Additionally, severance ordered by a court indicates a legal determination to end the joint tenancy, which can be sought in cases of disputes or other legal circumstances. Notarization, while it may enhance the document's credibility, does not affect the legal status of the joint tenancy itself in Minnesota, thus making it the condition that is not required for severance.