WeVote
Log In

Bill

Bill

HF 3970

Remedy to extinguish a joint interest in a contract for deed of a perpetrator of domestic abuse or sexual assault established.

2025-2026 Regular Session Introduced by Brion Curran and 3 co-sponsors

The bill lets a crime victim terminate the perpetrator’s co-ownership in a contract for deed, removing their financial and ownership interest to increase safety and housing stabili

Effective date 07/01/2026
#courts #crimesandcriminals-sexualoffenses
0
WeVote Research Nonpartisan
Bill Summary · HF 3970

Summary of HF 3970 (2025-2026) — Remedy to extinguish a joint interest in a contract for deed by a perpetrator of domestic abuse or sexual assault (Minnesota)

Purpose and intent

HF 3970 creates a civil mechanism for a victim of domestic abuse, sexual assault, harassment, or related crimes to terminate the respondent’s (perpetrator’s) interest in a contract for deed (a contract used to purchase residential real property) when the respondent is the other party to the contract. The bill aims to protect victims by allowing them to sever the perpetrator’s financial and ownership interest in the property they occupy or purchase, thereby reducing ongoing exposure to abuse and facilitating housing stability.

  • Effective date: July 1, 2026
  • Applies to contracts for deed entered into on or after July 1, 2026

Key provisions and changes

Section 1: New section 559.206 — Action to terminate an interest in a contract for deed by a victim

  • Definitions (subdivision 1):

    • Clarifies terms including “contract for deed,” “domestic abuse,” “criminal sexual assault,” “harassment,” “qualified third party,” “petitioner” (the person seeking termination), “respondent” (the co-owner with the petitioner), “sexual extortion,” and “sworn written certification.”
    • “Qualified third party” includes licensed health care professionals, domestic abuse advocates, or sexual assault counselors providing services to the petitioner or a child residing with the petitioner.
    • “Sworn written certification” is a form completed by a qualified third party attesting to abuse-related conditions and informing of the potential court action under this section.

  • Petition to terminate respondent’s interest (subdivision 2):

    • A petitioner who is unmarried may file to terminate the respondent’s interest if: 1) the petitioner or a child resides with the petitioner has been subjected to domestic abuse, criminal sexual assault, sexual extortion, or harassment by the respondent; 2) the respondent has not physically occupied the property for the six months prior to filing; and 3) the petitioner has paid all amounts due on the contract for the six months prior to filing.
    • Service: A summons and petition must be served on the respondent, current vendor, and lienholders (tax and judgment), with specific content requirements for the summons and a lis pendens filed/recorded.

  • Jurisdiction and procedure (subdivision 4 & 5):

    • District court generally exercises jurisdiction; tribal courts retain jurisdiction where applicable.
    • If no answer within 21 days, petition is granted; if contested, a hearing is required.
    • A petitioner must prove by preponderance of the evidence that: abuse occurred, respondent did not occupy the property for six months, and petitioner paid required contract amounts in the prior six months.
    • A qualifying document or certain convictions can establish abuse for the petition.

  • Defense by vendor (subdivision 6):

    • A vendor can oppose termination if termination would prejudice the vendor, and the court must not grant if prejudice is shown.

  • Order and termination judgment (subdivision 7 & 8):

    • If granted, an order terminates the respondent’s interest, with a proposed contract for deed termination judgment prepared by petitioner or counsel.
    • The termination judgment specifies all required details and is filed with the court administrator; it is binding on the vendor and all vendees.
    • The respondent’s terminated interest transfers to the petitioner by operation of law; the respondent has no further liability on the contract, and vendors have no recourse against the respondent.

  • Effect of termination (subdivision 9):

    • Termination does not affect other provisions of the contract for deed; the petitioner’s and child’s safety-focused protections are prioritized.
    • The terminated respondent has no further liability, and the vendor cannot pursue damages or performance from the respondent.

Section 2: Cross-reference amendment to § 559.21 (subd. 10)

  • Clarifies that the applicability of § 559.21 does not apply to a vendee whose interest was terminated under § 559.206.

  • Effective date for § 559.21 amendment: July 1, 2026 (applies to contracts for deed entered into on or after that date).

Who is affected

  • Petitioners: Victims of domestic abuse, criminal sexual assault, sexual extortion, or harassment who hold a partial interest as a vendee in a contract for deed.
  • Respondents: Co-owners with the petitioner whose interest in the contract is the subject of termination.
  • Vendors and vendees: Parties to the contract for deed who may be affected by a termination judgment; the vendor’s rights and any other vendees must be considered.
  • Qualified third parties: Professionals (health care providers, domestic abuse advocates, sexual assault counselors) who may provide certifications to support petitions.
  • Laws/Law Enforcement: The bill interacts with orders for protection, no-contact orders, and criminal statutes cited in the definitions and proof of abuse.

Procedural and timeline aspects

  • Initiation: Petition filed after meeting criteria; summons and lis pendens served; a filing fee and court process follow standard civil procedures.
  • Service window: Respondent has 21 days to answer; if no answer, petition is granted.
  • Hearing: If contested, a hearing is held; burden on petitioner to prove abuse, non-occupation, and timely payments.
  • Judgment: If granted, a contract for deed termination judgment is prepared, approved by the court, and recorded with the county recorder/registrar of titles.
  • Effectiveness: Termination takes effect upon recording the termination judgment; the date of effectiveness aligns with the court’s judgment and recording.
  • Limitations: Section explicitly preserves protections for vendors to avoid prejudicial termination where warranted.

Practical impact

  • Provides a targeted remedy for victims to remove a perpetrator’s financial stake in a home, potentially increasing housing stability and safety.
  • Creates a streamlined judicial process with concrete criteria and documentation requirements to assist courts in making determinations.
  • Ensures that termination of the respondent’s interest does not automatically nullify other contract provisions or impose liability on the victim for the perpetrator’s actions.

If you’d like, I can provide a plain-language one-page briefing or a comparison with related existing remedies.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.