Summary Real Estate Disposition Judgment (SREDJ)

Minn. Stat. 518.191 requires that an SREDJ be drafted anytime real estate is described in a judgement and decree. It makes no exception for real estate that is already in only one party’s name.

• A SREDJ  is one way to quickly transfer real property from one spouse to another.  The other way is a Quit Claim Deed (see separate article).
• An SREDJ is generally drafted by one attorney, approved by the other attorney, and then filed with the Court for the Judge to sign. In filing the SREDJ, use code Proposed Order or Document.
• Once signed by the Judge, a certified copy of the SREDJ will need to be obtained and brought/mailed to the recorder’s office, and the recording fee paid so it can be officially “recorded.”
  • I always suggest the client get the certified copy themselves. It’s easier that way and it saves them the expense of us drafting the request. They go to the courthouse, get the certified copy then go straight to the recorder’s office (oftentimes in the same building) and have the document recorded. See bottom of this article for example message that can be sent to client with more detailed instructions on how to complete this process. 
  • If we are going to request the certified copy for the client, see wiki article on requesting copies of documents from court for any questions.
• Once those things are all done, the property will then be titled in the persons name as outlined in the MTA and SREDJ.
  • NOTE: This does NOT change the names on any mortgage or debts associated with the property. It only changes the name on the title/deed to the house.
• Always use the MyCase Template (FAM – SREDJ)
• MNCOURTS also offers a packet/forms so this can be completed by client (and also gives thorough instructions on completing the document) SREDJ Packet

Completing the SREDJ

First, I’d suggest reviewing the Court’s instructions which are helpful and simple: Instructions – Summary Real Estate Disposition Judgment Form (DIV1601)

Here are additional notes

1. The caption needs to be EXACTLY like that on the MTA. So if on the MTA it says Sarah B. Johnson (Petitioner), the SREDJ needs to also say Sarah B. Johnson, it can’t say Sarah Johnson or Sarah Betsy Johnson.
2. Always make sure you are entering the previous names noted in the MTA and also any name changes noted in the MTA. Often times, that may be the same name (Previous name was Sarah Betty Larson and MTA is also changing name to Sarah Betty Larson.
3. The only things being addressed in the SREDJ is real property, so no need to list any personal property.
4. Legal Description – I cannot stress enough that you must triple check that the legal description is right. And I don’t mean just checking it against the MTA. I mean going back to whatever document the original legal description was found and comparing it to that. I’ve been dealing a lot lately with old cases where incorrect legal descriptions were entered in the SREDJ and while it’s not the end of the world, it’s a lot of unbillable work and the clients aren’t happy. If you can find the quit claim deed or warranty deed and copy and paste the image of the legal description into the SREDJ – even better. If you have to retype something, please have someone else check your work. The time to ensure the legal description is right is NOW.
5. (d) on the SREDJ is where you put who is awarded the house. Under Persons, you will list who is getting the property, under “Property interest awarded” I’ve seen a variety of different things. I don’t know if we want to all come to an agreement on what we put, but I’ve seen “100% Fee Simple” “100” “All Right, Title, and Interest” I’ve not had an SREDJ get rejected because of what was entered in that field.
6. (f) on the SREDJ says describe any existing liens, mortgages, encumbrances. . . . Make sure you are noting if there is a mortgage on the property. If so, under “Person with described interest” you are listing the financial institution. Under “Nature of described interest” this will generally be “Mortgage” and if your MTA states the mortgage amount, you should list that, so put “Mortgage in the amount of $135,000”
7. (g) on the SREDJ – I don’t know if I’ve ever put anything in this section, so I always default to putting None. The lawyer can correct if that’s wrong.
8. You can now delete out the extra pages if you don’t need them and the page numbering will change so it actually matches up with the document.
9. DO NOT FILE Word .docx version of the document. PDF Only

Sample Message to Client After Receiving SREDJ signed by Court  (if we’re suggesting they do the rest themselves)

I just uploaded to mycase a copy of Summary Real Estate Disposition Judgment (SREDJ) which has now been signed by the Judge.

Next, you’ll need to request a certified copy of the document from court administration so you can file the document with the County Recorder. There will be a copy fee (about $14) for each certified copy you ask for. You can request a certified copy of the document by going to the courthouse in person and asking for a copy or calling and asking if they can accept a copy request over the phone. When you speak to Court Administration, be prepared to give them your name, your ex-spouse’s name and the court file number. Tell them you need a certified copy of the Summary Real Estate Disposition Judgment.

Once you receive the certified copy of the SREDJ, it will need to be recorded in the county in which the property is located. You can either go in person to the recorder’s office, provide them with the SREDJ and pay the recording fee OR you can mail the SREDJ to the Recorder’s Office with a check for the recording fee. If you plan to mail the document, please call the recorder’s office prior to mailing to verify the fee for recording. Recording fees are usually between $40 – $50.

Upon successful recording of the SREDJ, the property deed/title will properly reflect the ownership outlined in the divorce decree and SREDJ (essentially, removing the other party’s name from the deed/title)