Quick answer

Any co-owner of real property in Minnesota who cannot agree with the other co-owners can file a partition action in district court asking the court to divide the property physically (partition in kind) or order its sale and divide the proceeds. Minnesota’s partition law is in Chapter 558 of the Minnesota Statutes (Minn. Stat. ch. 558), and the process generally requires naming all co-owners and lienholders, filing a complaint in the county where the property is located, serving all parties, and following the court’s procedures for survey, report, and final order.

Detailed answer — step-by-step guide under Minnesota law

1. Confirm your legal status and try to resolve the dispute first

First, confirm you are a co-owner (tenant in common, joint tenant, life tenant, etc.). Partition actions are typically available to tenants in common and other co-owners who have an ownership interest. Because court proceedings are costly and time-consuming, try a written negotiation, mediation, or buyout offer before filing. If an agreement is impossible, a partition action is the formal route.

2. Where to file and who to name

File a civil action for partition in the district court in the county where the real property is located. The complaint should name all co-owners, and any persons or entities with recorded liens, mortgages, or other recorded interests in the property (because those parties have rights to share in proceeds or to protect their liens). See generally Minn. Stat. § 558.01 and chapter overview at Minn. Stat. ch. 558.

3. Prepare the complaint (what it should say and ask for)

The complaint should identify the property (legal description or attach the deed), describe each party’s claimed interest or share, and state that partition is requested because co-owners cannot agree. Ask the court for either partition in kind (physical division) or, if that is impracticable or would materially reduce value, for a sale of the property and division of the proceeds. You can also request interim relief such as appointment of a receiver to collect rents, an accounting of rents and expenses, or exclusive possession orders if necessary.

4. Filing, fees, and service

File the complaint and required civil forms with the district court clerk where the property is located and pay filing fees unless you qualify for waiver. Have all named defendants properly served (personal service or substitute service as allowed by Minnesota Rules of Civil Procedure) so the court can exercise jurisdiction and enter final orders.

5. Court process — surveys, commissioners/referees, and hearings

After filing, the court may order an attempt at partition in kind. If the property can be fairly divided, the court may appoint a commissioner or referee to survey and prepare a report identifying how the property should be divided. If the property is not physically divisible without prejudice to the owners (for example a single-family house on one lot), the court commonly orders sale instead. Minnesota’s partition statute authorizes the court to order sale when partition in kind is impractical; see Minn. Stat. § 558.03 and the chapter generally at Minn. Stat. ch. 558.

6. Sale procedure and distribution of proceeds

If the court orders a sale, it will typically direct how the sale occurs (public auction, commissioner sale, or negotiated sale subject to court approval), who pays costs, and how proceeds will be distributed. The court will satisfy recorded liens, taxes, and sale costs first, then distribute the remainder among the co-owners according to their ownership interests unless the court’s order or an agreement says otherwise. Minnesota law also provides procedures for handling claims against the proceeds and for accounting for rents, taxes, and improvements.

7. Final judgment and appeals

After the court accepts the commissioner’s report or the sale is completed, the court will enter a final decree of partition or sale and direct distribution. Parties unhappy with the court’s decision have the right to appeal under Minnesota appellate rules — but appeals have strict deadlines and consequences for forcing additional delay.

8. Practical considerations and typical timeline

Simple uncontested partitions (where co-owners agree on a division plan) can resolve quickly. Contested cases that require surveys, sale, or litigation can take many months or longer. Costs commonly include filing fees, survey and appraisal fees, commissioner fees, attorney fees (if retained), and sale costs. Lenders’ mortgages and other liens increase complexity because liens must be addressed before distributing net proceeds.

Relevant Minnesota statutes

• Overview of partition law: Minn. Stat. ch. 558
• Authority to bring partition action: Minn. Stat. § 558.01
• Partition in kind or sale when partition impracticable: Minn. Stat. § 558.03

Note: these links go to the official Minnesota Revisor of Statutes site where you can read the exact statutory language and related provisions.

When you should consult an attorney

Consider getting legal advice if: parties dispute the size of ownership shares; there are mortgages, liens, tax issues or title defects; the property has occupying tenants; you seek interim possession or rent collection; or co-owners are not readily located. An attorney can prepare pleadings, advise on strategy (partition in kind vs sale), represent you at hearings, and handle settlement negotiations or appeals.

Disclaimer: I am not a lawyer. This information is educational and does not constitute legal advice. For legal advice about a particular situation, consult a licensed Minnesota attorney.

Helpful Hints

• Start by checking the recorded deed and title to determine ownership shares and recorded liens.
• Try mediation or a written buyout offer before filing; settlements save time and money.
• File in the district court where the property is located — that is the proper venue for partition actions.
• Name all co-owners and anyone with a recorded lien or mortgage so the court can resolve all interests in one case.
• Gather documents before filing: deeds, mortgage statements, tax bills, leases, and any written agreements between owners.
• Expect the court to prefer partition in kind when it is practicable; otherwise expect a sale.
• Budget for court costs, surveyor or appraiser fees, and potential attorney fees if the matter is contested.
• Act promptly if you suspect waste or damage to the property — you may need a temporary order or receiver to protect value.