Short answer

Yes — under Minnesota law a court that orders partition can appoint a commissioner or other officer to sell property, and the court may approve a private sale if the sale process and price meet the court’s requirements. The court will closely review any proposed private sale for fairness, adequate notice, and a proper valuation before approving it. For the statutory framework, see Minnesota Statutes, chapter 558: https://www.revisor.mn.gov/statutes/cite/558.

Detailed answer — how this works in a Minnesota partition action

Partition actions in Minnesota allow co‑owners of real property to ask a court either to divide the property physically or to sell it and divide the proceeds. The statutory framework for partition is in Minnesota Statutes, chapter 558. In practice the court follows these basic steps:

Filing and pleadings: One co‑owner files a petition for partition identifying all owners and the property.
Determination of type of relief: If the property cannot be fairly divided, or division would be impracticable, the court will order sale rather than physical division.
Appointment of an officer to make the sale: The court has authority to appoint a commissioner, referee, or other officer to carry out the sale and to report back to the court.
Sale format: The court can order a public auction or approve a private sale under terms it sets. A private sale is not automatic — the court must find the sale is just and reasonable and that the parties’ rights are protected.
Confirmation: After the sale the appointed officer files a report and the court holds a confirmation hearing before distributing proceeds.

Because the Minnesota statutes give the court broad authority to supervise the sale process, you can ask the court to appoint a commissioner to handle a private sale to a particular buyer. But the court will consider several factors before approving the private sale:

Whether the sale price is fair market value (often supported by an appraisal or comparable sales).
Whether the court and the other co‑owners had adequate notice of the proposed private sale and an opportunity to object or submit competing offers.
Whether the buyer is an independent third party or has a relationship with one of the co‑owners; related‑party sales receive closer scrutiny.
Whether adequate marketing and opportunity for upset bids or public bidding occurred (or whether the court finds sufficient reason to waive extensive public marketing).
Whether the commissioner’s report documents the process, offers received, and recommends confirmation.

If the court approves a private sale, the court’s order will typically spell out the commissioner’s duties: provide notices, obtain appraisals if required, collect offers, advertise (if ordered), accept or reject bids according to court directions, and file a written report for confirmation. The court often requires an express finding on why a private sale (instead of a public auction) better serves the owners’ equitable interests.

Relevant statute

Partition procedure and the court’s sale powers are set out in Minnesota Statutes, chapter 558. See the chapter here: https://www.revisor.mn.gov/statutes/cite/558. Review the chapter for specific procedural requirements and timing for notice, appraisal, and distribution.

Practical considerations and what you should prepare

When you ask the court to appoint a commissioner for a private sale, prepare to show the court why the sale is fair and why a private sale is appropriate. Typical supporting materials include:

A recent independent appraisal or market analysis.
A written purchase agreement from the proposed buyer with clear terms and contingencies.
Full disclosure of any relationship between the buyer and any party in the case.
A proposed court order describing the commissioner’s duties and the timeline for sale and confirmation.
Evidence of prior marketing or an explanation why immediate private sale is preferable (for example, to avoid deterioration, preserve value, or meet a binding offer that is demonstrably fair).

Possible obstacles and how courts typically respond

Objections by co‑owners: Other owners can object to the private sale. The court will weigh objections and may require additional notice or an auction if fairness is in doubt.
Related‑party buyer: If the buyer is affiliated with a party, expect the court to demand extra proof of a fair price and perhaps require independent appraisal or active marketing.
Insufficient price: The court may reject a private sale that is grossly below market value or that lacks adequate supporting evidence.
Procedural defects: Failure to follow the court’s order (notice or reporting requirements) can result in the sale not being confirmed and the matter being remanded for corrective steps.

Next steps

If you want the court to appoint a commissioner to conduct a private sale, consider these practical next steps: file a clear motion or proposed order asking for appointment and private sale authority; attach an appraisal and the proposed purchase agreement; disclose relationships and prior marketing; ask for a confirmation hearing after the sale so the court can review the commissioner’s report.

Helpful Hints

Hire a lawyer familiar with Minnesota partition practice early — the court’s approval is discretionary and process detail matters.
Get an independent appraisal before asking for a private sale; a neutral valuation builds credibility.
Disclose any connection between buyer and seller/party to avoid later challenges.
Ask the court to authorize a confirmation hearing so you can create a clear record supporting the sale.
If other owners oppose the private sale, be prepared to show why a public auction would be inferior or impractical.
Draft the proposed order tightly: set the commissioner’s duties, deadlines, noticing requirements, and the timeline for confirmation and distribution of proceeds.
Keep detailed records of marketing, offers, and communications to support the commissioner’s final report.

Disclaimer: This article provides general information about Minnesota partition practice and is not legal advice. It does not create an attorney‑client relationship. For advice tailored to your situation, consult a Minnesota attorney experienced in partition and real estate litigation.