Detailed Answer
This FAQ explains how a co-owner can ask a Minnesota district court to partition real property when someone holds an inherited (or otherwise shared) interest and the owners cannot agree on use or sale. A partition action can either physically divide land (partition in kind) or force a sale and divide the proceeds. This is a general roadmap, not legal advice. For statute authority, see Minnesota’s partition statutes (Minn. Stat. ch. 558): https://www.revisor.mn.gov/statutes/cite/558 and the opening section: https://www.revisor.mn.gov/statutes/cite/558.01.
Who can bring a partition action?
Any person who owns an undivided interest in Minnesota real property — including someone who inherited an interest — can ask the court to partition the property. The action must join all parties with an interest in the property (other co-owners and recorded lienholders) so the court can distribute rights and proceeds between them. See Minn. Stat. ch. 558 for scope and authority.
Basic steps to file a partition action in Minnesota
- Confirm ownership and interests: Get copies of the deed(s), any probate documents, and the county land records to confirm who holds title and each owner’s share. If the interest arose through probate, have the estate files available.
- Try negotiation first: Courts expect parties to try settlement before litigation. Offer a buyout or mediation. A written demand may improve your position and reduce costs.
- Prepare the complaint (petition): File in district court in the county where the property is located. The complaint should include:
- Legal description and street address of the property.
- Names and addresses of all record owners and known lienholders or mortgagees.
- Statement of the type of ownership (tenancy in common, etc.) and the claimant’s share.
- A clear request that the court partition the property — either in kind or by sale — and request appointment of a referee/commissioner if needed.
- File in the correct court and pay filing fees: File the complaint with the Minnesota district court for the county where the property sits. Check local filing rules and whether e-filing is required. See Minnesota Judicial Branch to locate courts and local procedures: https://www.mncourts.gov/Find-Courts.aspx.
- Serve all necessary parties: Proper service (summons and complaint) is required on all owners and recorded lienholders so the court can obtain jurisdiction over their interests. If someone cannot be located, the court provides alternative service methods in some cases.
- Court process and possible outcomes:
- Partition in kind: Where practical, the court prefers to divide land physically so each owner receives a portion consistent with their share.
- Partition by sale: If the property cannot be fairly divided (e.g., a single-family home or small parcel), the court will order a sale and divide net proceeds according to ownership shares after paying liens, taxes, and costs. The court may appoint a commissioner/referee to oversee valuation and sale.
- Commissioner/referee and sale procedure: If the court appoints a commissioner, that person prepares a report, conducts appraisals or sales, and certifies sale proceeds. The court reviews the report and issues an order distributing funds. Minnesota statutes grant courts authority to appoint officers and direct sales in partition cases; see Minn. Stat. ch. 558.
- Distribution and liens: Sale proceeds pay mortgages, tax liens, court costs, and commissioners’ fees first. Remaining proceeds divide among owners according to their interests.
- Appeals and enforcement: Parties may object to the commissioner’s report or appeal court orders under usual civil-process timelines. The winning party may need additional motions to clear title or enforce distribution orders.
Practical considerations and timeline
Timelines vary. A simple uncontested partition may resolve in a few months. Contested matters, title questions, or sales can take a year or more. Expect costs for filing, service, attorney fees (if you hire counsel), appraisals, and commissioner fees. If liens or disputes about heirs exist, the case can take longer.
When to hire an attorney
Consider legal help if:
- Title is unclear or multiple heirs and lienholders exist.
- Someone contests ownership, claims adverse possession, or there are complicated mortgages.
- The property is high-value or family conflict is intense.
Helpful Hints
- Start with a title search at the county recorder’s office to list all owners and liens.
- Collect deeds, probate documents, mortgages, tax statements, and insurance records before filing.
- Try a documented buyout offer or mediation — courts favor settlement and mediation may avoid fees and delays.
- Obtain at least one independent appraisal early to set reasonable expectations about value.
- Be prepared to propose how you want the property divided and why partition in kind may or may not be practical.
- Ask the court clerk about local forms, e-filing, and exact filing fees in the county where the property lies.
- If you file, serve everyone listed on public records and ask the clerk how to handle unknown or out-of-state heirs.
- Consider whether keeping the property and buying out other owners makes financial sense versus court-ordered sale costs.
Relevant authority: Minnesota partition statutes, Minnesota Statutes chapter 558: https://www.revisor.mn.gov/statutes/cite/558. For locating the correct district court and local filing procedures, see Minnesota Judicial Branch: https://www.mncourts.gov/Find-Courts.aspx.
Disclaimer: This information explains general Minnesota law and common practice. It is educational only and not legal advice. Consult a licensed Minnesota attorney to discuss your specific facts and to get advice tailored to your situation.