Find Court Cases > Go Back to List > C3-01-55, John L. Kipp, et al., Appellants, vs. Thomas Sweno, Respondent.

C3-01-55, John L. Kipp, et al., Appellants, vs. Thomas Sweno, Respondent.

Case Date: 06/26/2001
Court: Court of Appeals
Docket No: C3-01-55

STATE OF MINNESOTA
IN COURT OF APPEALS
C3-01-55 

John L. Kipp, et al.,
Appellants, 

vs. 

Thomas Sweno,
 Respondent. 

Filed June 19, 2001
Reversed and remanded
Randall, Judge 

Washington County District Court
File No. C4-99-2682

 

Paul L. Ratelle, Daniel J. McGarry, Fabyanske, Westra & Hart, P.A., 920 Second Avenue South, Suite 1100, Minneapolis, MN 55402 (for appellant) 

David C. Anastasi, Christopher Ferreira, Anastasi & Associates, P.A., 6120 Oren Avenue North, Stillwater, MN 55082 (for respondent) 

            Considered and decided by Randall , Presiding Judge, Toussaint , Chief Judge, and Anderson , Judge.

S Y L L A B U S

1.         A debtor and spouse are entitled to only one $200,000 homestead exemption of equity in property whether held in joint tenancy or individually.

            2.         A creditor is entitled to an independent appraisal of property when dissatisfied with the debtor's homestead designation and valuation.


O P I N I O N

R.A. RANDALL, Judge

            In postjudgment proceedings, appellants sought to enforce a judgment obtained against respondent by levying on property owned by respondent and his wife.  Respondent claimed the homestead exemption precluded a forced sale of the subject property.  The district court agreed.  On appeal, appellants allege the district court erred in (a) not ordering that portion of respondent's property exceeding the value of the homestead exemption to be severed from the interest of respondent and his wife and sold under Minn. Stat.