Minnesota — Documents and Information to Provide Your Lawyer to Start a Partition Action

Detailed answer

This explains the typical documents and facts an attorney will need to begin a partition action under Minnesota law. Having these ready speeds the lawyer’s work, reduces expense, and helps the attorney identify the best path (partition in kind, a judicial sale, or an alternative resolution). This is educational information only and not legal advice.

Key Minnesota law (overview)

Minnesota law governs how courts divide or order the sale of jointly owned real property. Relevant provisions on partition actions include Minn. Stat. § 558.01 (basis for partition actions) and Minn. Stat. § 558.02 (partition in kind or by sale). These statutes explain the court’s powers to divide land or order a sale and to account for liens, improvements, or unequal contributions.

Immediate documents and facts to provide (essential)

• Deeds and ownership records: Copies of any deed(s) showing how each person holds title (e.g., joint tenants, tenants in common, tenants by entirety). If you don’t have the deed, give parcel ID(s) and the county recorder information so your lawyer can pull them.
• Legal description and parcel number: The full legal description (not just the street address) and county parcel number(s) are critical for filings and surveys.
• Title insurance policy or title commitment: If a title insurance policy exists, provide it. If not, give any abstract or prior title reports.
• Mortgages, liens, and judgment documents: Copies or account/payoff statements for any mortgage, home equity loan, tax liens, mechanic’s liens, or recorded judgments affecting the property.
• Survey, plot plan, or plat map: Any recent survey or plat showing boundaries, easements, and improvements. If none exists, let your lawyer know so they can order one.
• Property tax statements and assessments: Most recent property tax bills, assessment notices, and proof of who paid them.
• Insurance policies and claims: Declarations pages for homeowner’s or title insurance and any claim correspondence.
• Leases, rental agreements, and tenant ledgers: If the property generates rent, supply copies of leases, security deposit records, rent rolls, and payment history.
• Evidence of occupancy and control: Who currently lives at or manages the property; keys, access, and use patterns (if relevant to possession issues).
• Records of payments and expenses: Receipts, cancelled checks, bank statements, invoices or proof of payments for mortgage, taxes, insurance, utilities, repairs, or improvements. These support claims for contribution or credit.
• Improvement documentation: Permits, contracts, invoices, photos and timelines for major repairs or improvements that could justify an offset or credit among co-owners.
• Communications among co-owners: Emails, text messages, letters, or written agreements about use, repairs, rental income splitting, or attempts to sell or partition.
• Agreements or wills: Any written partition agreement, buy-out agreement, prenuptial agreement affecting property, or probate documents (wills, letters testamentary) if ownership arises from an estate.
• Identity and contact information: Full names, current addresses, phone numbers, and dates of birth for all titled owners and known lienholders. Provide names and contact info for tenants, property managers, or others with possession.
• Prior litigation files: Any prior complaints, judgments, quiet-title actions, boundary-dispute paperwork, or settlement agreements involving the property.
• Photographs and maps: Clear photos of the property, improvements, fences, encroachments, and contested boundary locations.

Optional but useful items

• Recent appraisals or broker price opinions.
• HOA documents, covenants, conditions and restrictions (CC&Rs), and rules.
• Zoning notices, code-enforcement letters, or significant municipal correspondence.
• Records of offers to buy, contracts for sale, or attempted sales.

How your lawyer uses these materials

• Confirm legal owners and prepare a correct legal description for the complaint.
• Conduct a title search to identify all record liens and necessary parties to join.
• Evaluate whether a partition in kind (physical division) is feasible under Minn. Stat. § 558.02 or whether the court is more likely to order a sale.
• Identify claims for contribution, reimbursement, or credit (mortgage payments, taxes, repairs, improvements) that the attorney should assert.
• Draft and file the complaint, request commissioners (if appropriate), and seek temporary relief such as an accounting, rent collection, or preservation orders.

Practical Minnesota-specific considerations

• Minnesota courts can divide property in kind or order a sale and then distribute proceeds per share and credits; the statutes permit the court to consider liens and improvements when allocating proceeds. See § 558.01 and § 558.02.
• If ownership arose through inheritance, provide probate case numbers and documents—courts need to confirm authority to bring actions.
• When co-owners are spouses, trusts, or entities, documentation proving the form of ownership matters (e.g., articles of organization, trust instrument).

Typical timeline and costs (what to expect)

There is no fixed timeline. Gathering records and a title search usually takes days to weeks. Once filed, contested partition actions commonly take several months to over a year, depending on discovery, the need for surveys or appraisals, and whether the parties settle. Costs include attorney fees, filing fees, surveyor or appraiser costs, and possibly commissioner fees if the court appoints a commissioner. Courts may award costs and fees in certain circumstances, but you should be prepared to advance these costs.

Helpful Hints

• Start early: gather deeds, tax bills, mortgage statements, and communication records before meeting the attorney.
• Organize documents by type and date; create a simple index or file folder for easy review.
• If you do not have original documents, provide any available copies and the property parcel ID so your lawyer can pull public records quickly.
• Provide honest, full disclosure about all owners, tenants, encumbrances, and informal agreements—omissions can complicate or delay the case.
• Ask your lawyer how they bill (hourly, flat, retainer) and what costs you should expect immediately (title search, filing fee, service fees, survey costs, appraisals).
• Consider mediation early if co-owners are willing; many partition disputes resolve more quickly and cheaply by agreement than by litigation.
• Document improvements and payments as soon as possible—photographs, receipts, and bank records are powerful evidence for credits or reimbursements.
• If the property is income-producing, preserve rent records and consider locking in rent collection procedures through the court if disputes over rents arise.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. It summarizes general Minnesota law and common practice. For advice about a specific situation, consult a licensed Minnesota attorney who can apply the law to your facts.