How to proceed with a partition action for inherited property when some co-owners won’t respond (Minnesota)

Short answer: In Minnesota you can ask the district court to force a partition of real property under the state partition statutes even if some co-owners do not cooperate. You must file a partition action in the county where the property is located, name and attempt to serve all owners and interested parties, and follow the court’s procedures for substituted or published service when owners cannot be located. The court can divide the land in kind or order a sale and divide proceeds according to ownership shares. See Minn. Stat. ch. 558 for the governing law.

Detailed answer: step-by-step under Minnesota law

1. Confirm ownership and your legal standing

Start by confirming who the legal owners are. Check the county recorder’s office for the deed, review the decedent’s will or probate records, and confirm whether any personal representative or guardian exists. If you are a named owner, an heir, or a holder of a recorded interest, you generally have standing to file a partition action under Minnesota’s partition statutes. For general rules on partition, see Minn. Stat. ch. 558: https://www.revisor.mn.gov/statutes/cite/558.

2. Try to resolve the matter without court

Before filing suit, attempt these cost-saving options:

Contact co-owners in writing offering a negotiated partition, sale, or buyout.
Offer mediation or a neutral appraisal to set a fair price or division plan.
Ask an estate’s personal representative (if any) to join or address the property’s disposition.

3. Prepare and file a partition complaint in district court

If informal efforts fail, file a complaint (petition) for partition in the district court in the county where the property lies. The complaint should:

Identify the property precisely (legal description).
Name all record owners, lienholders, mortgagees, holders of easements, and any known heirs or interested parties.
Allege each party’s claimed ownership share, and the relief sought (partition in kind or sale).

4. Serve all parties and deal with nonresponsive owners

Minnesota requires that you attempt to serve all named parties with the complaint and summons. If a co-owner does not respond to service attempts, the court allows alternative methods to notify them so the case can proceed. Common options are:

Personal service—best if you can locate the person.
Substituted service—leaving papers with someone at the defendant’s usual abode when allowed by the court rules.
Service by publication—when a party’s address is unknown after diligent search, the court may permit publishing notice in a newspaper or another approved venue. The court will set deadlines and conditions.

Follow the Minnesota Rules of Civil Procedure on service and the local rules of the district court. If owners are minors, incapacitated, or unknown heirs, the court may require appointment of a guardian ad litem or additional notice procedures. If an owner cannot be served but the court permits substituted or published service, the court can still proceed to resolve the partition.

5. The court evaluates partition in kind vs. sale

If the property can be fairly divided into separate parcels consistent with each co-owner’s share, the court may order partition in kind (physical division). Where division is impractical or would materially reduce value, the court typically orders a sale and divides sale proceeds according to the owners’ shares after paying liens, expenses, and costs. The court often appoints a referee, commissioner, or appraiser to evaluate the property and handle the mechanics of division or sale.

6. Protect liens, mortgages, and other interests

You must join mortgagees, lienholders, or other parties with recorded interests so the court can address their claims. The sale proceeds will usually be used to satisfy those encumbrances before distributing net proceeds to owners.

7. Evidence and paperwork to have ready

Deeds and legal description of the property.
Death certificate and probate documents (if ownership arises from an estate).
Title search, tax bills, mortgage or lien documents, and any agreements among co-owners.
Records of communications showing attempts to resolve the matter outside court.

8. Timing and cost considerations

Partition actions can take months to over a year depending on complexity, locating parties, and whether a sale is necessary. Costs include filing fees, service fees, appraiser and referee fees, title work, and attorney fees. Courts can allocate costs and sometimes award fees to a prevailing party, but costs frequently come out of the sale proceeds.

9. When to consider special actions

If co-owners are actively obstructing reasonable use, failing to pay taxes, or otherwise threatening the property’s value, ask the court for interim relief (e.g., appointment of a receiver, order to pay taxes, or an injunction). If some owners are unknown heirs (common with inherited property), the court has procedures to identify heirs and give notice so the action can proceed.

Relevant Minnesota law and resources

Primary statutory guidance for partition is in Minnesota Statutes, chapter 558 (Partition): https://www.revisor.mn.gov/statutes/cite/558. For issues that overlap probate (ownership through an estate), consult Minnesota Statutes, chapter 524: https://www.revisor.mn.gov/statutes/cite/524. Check the district court’s local rules and the Minnesota Rules of Civil Procedure for details on service and notice.

Practical next steps (checklist)

Get a certified copy of the deed and run a title search.
Collect probate records or the decedent’s will if applicable.
Document efforts to contact co-owners and any written offers you made.
Decide whether you want partition in kind or sale and prepare to explain why to the court.
Talk to a real estate or probate attorney to review your documents and draft the complaint—especially if some owners cannot be located or liens exist.

When to get a lawyer

If co-owners refuse to respond, complex title issues exist, liens or mortgages must be addressed, or the property has significant value, consult a lawyer experienced in Minnesota partition and real estate litigation. An attorney can help ensure proper service, join necessary parties, and navigate court-appointed referee procedures and sale mechanics.

Helpful hints

Keep written records of every effort to contact co-owners—courts look for a good-faith, diligent search before allowing service by publication.
Consider a neutral appraisal early to set realistic expectations about sale proceeds or division feasibility.
Be mindful of property taxes and insurance—unpaid taxes can create priority liens that reduce proceeds.
If you reach a voluntary agreement with some owners, reduce it to a signed writing and record it with the county recorder to limit future disputes.
If heirs are unknown, consider hiring a title professional or genealogical search service to locate them before filing.

Disclaimer: This article explains general Minnesota procedures for partition actions and is for educational purposes only. It is not legal advice and does not create an attorney–client relationship. For advice about a specific situation, consult a licensed Minnesota attorney.