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Amended Summary RE Disposition

Quick Facts

Errors can be corrected by an amended judgment.
Order can be issued without hearing, notice, or filing fee.

On the court's own or at the request of an interested person, the court will issue an order authorizing the court administrator to issue an amended summary real estate disposition judgment to correct an incorrect legal description of real estate contained in the judgment and decree of dissolution.

An application to correct a legal description under this subdivision must contain:

the mistaken legal description contained in the judgment and decree;
the correct legal description of the real estate;
written proof that demonstrates the correct legal description, or a request for an evidentiary hearing to produce evidence of the correct legal description; and
a proposed amended summary real estate disposition judgment.

The court's order is based on the evidence provided in the application, the evidence produced at an evidentiary hearing, or the evidence already in the record of the proceeding. If the court is satisfied that an incorrect legal description should be corrected, the court may issue its order without a hearing or notice to any person. A filing fee is not required for this application.

The court's order is an amendment of the court's findings of fact concerning the legal description of the property in question, without the need to amend the original judgment and decree. The court will issue the order if the court specifically finds that the court had jurisdiction over the respondent in the dissolution proceeding and that the property was sufficiently identified in the original proceedings to prevent prejudice to the rights of either party to the dissolution and that the amendment will not prejudice their rights. The court's order is effective retroactive to the date of entry of the original judgment and decree of dissolution.

An amended summary real estate disposition judgment is treated the same as the earlier summary real estate disposition judgment for all purposes.

At the request of any interested person, the court administrator will provide a certified copy of an amended summary real estate disposition judgment showing the correct legal description of the real property affected by the judgment and decree.

This may not be used to add omitted property to a judgment and decree of dissolution, unless the court determines that the omitted property is an integral or appurtenant part of real property already properly incorporated in the judgment and decree.