Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
What Is a Partition Action?
In Minnesota, co-owners of real property—whether as tenants in common or joint tenants—can bring a partition action at any time to divide or sell the property. This process is governed by Minn. Stat. § 558.01. A partition action lets one or more co-owners ask the district court to:
- Partition in Kind: Physically divide the land into separate parcels.
- Partition by Sale: Order a public sale and divide proceeds among owners according to ownership interests.
How Separation vs. Divorce Affects Property Rights
Separation alone does not automatically change title or ownership shares. If you and your spouse separate but have not yet filed for divorce, you remain co-owners. Filing a partition action before divorce can end joint ownership, but it will not replace the divorce property-distribution process.
Divorce Property Division Under Minnesota Law
During divorce, Minnesota follows an equitable distribution model. The court considers factors such as length of marriage, contributions to the marriage, and economic circumstances to divide marital property fairly (see Minn. Stat. § 518.58).
If you partitioned property before divorce, that action changes only title. The divorce court still reviews all assets—partition proceeds included—when equitably distributing marital property.
Steps to Partition Property Before Divorce
- Confirm co-ownership status (joint tenants or tenants in common).
- File a complaint for partition in the district court where the property is located. Include a legal description of the property.
- Serve your spouse according to court rules.
- Attend hearings. Both sides may present valuations and proposals.
- Receive the court’s order: partition in kind or by sale, with proceeds divided by ownership interest.
Key Considerations
- Partition does not resolve spousal support, child custody, or final property division in divorce.
- Court costs and appraisal fees will be deducted from sale proceeds.
- Either party can appeal the partition order within statutory deadlines.
Helpful Hints
- Gather property records and deeds before filing.
- Obtain a professional appraisal to establish fair market value.
- Discuss mediation to avoid contested partition hearings.
- Keep clear financial records to aid the divorce property division later.
- Consult a family law attorney to understand how partition affects your divorce strategy.