What a partition action is under Minnesota law

A partition action is a civil court process that asks a district court to divide property owned by two or more people, or to order the sale of that property and distribute the proceeds. Minnesota law governing partition actions is in Chapter 559 of the Minnesota Statutes. See: Minn. Stat. Ch. 559.

Who can file (and when)

• If the house is owned as tenants in common (each person holds a fractional, divisible interest), any co-owner can file a partition action.
• If your father died owning the property in his name alone, the property normally passed through probate to his heirs or beneficiaries. After probate, the heirs (as co-owners) may be able to seek partition. See general probate rules: Minn. Stat. Ch. 524.
• If title passed by right of survivorship (joint tenancy or similar), or the surviving spouse has homestead protections, the ability to force a sale may be limited. Confirm the title type before filing.

Step-by-step: How to file a partition action in Minnesota

1. Confirm ownership and title.

   Get a certified copy of the recorded deed and run a title search at the county recorder’s office (or hire a title company). Determine whether the property is held as tenants in common, joint tenants with right of survivorship, as community property (rare in Minnesota), or whether title is held in the decedent’s estate. If your father died owning the property, obtain probate documents showing how title was transferred to heirs.

2. Consider alternatives before suing.

   Try negotiating with co-owners, use mediation, or ask one owner to buy out the others. Litigation is costly and time-consuming. If negotiation fails, proceed to court.

3. Prepare the complaint for partition.

   File a complaint for partition in the Minnesota district court in the county where the real property is located. The complaint generally should include:

   • Full legal names and addresses of all owners and interested parties (heirs, lienholders, mortgagees).
   • A full legal description of the property (from the deed).
   • A statement of each party’s claimed interest or share.
   • Facts showing why partition is proper (e.g., co-ownership and inability to agree).
   • A request for relief: partition in kind or, if that is impractical, sale and distribution of proceeds, appointment of commissioners or a referee, and an accounting of liens, taxes, and expenses.
4. File the complaint and pay fees.

   File with the district court clerk where the property sits. Pay the civil filing fee or ask the court about fee waivers. The court will issue a case number and scheduling orders.

5. Serve all interested parties.

   You must serve the complaint and summons on all named defendants (co-owners, lienholders, mortgagees, and other interested parties). Service follows Minnesota civil procedure and typically uses the sheriff or certified process server. If parties live out of state or are unknown, the court may allow substituted service or publication.

6. Respond to defenses and attend court hearings.

   Defendants can contest ownership, claim homestead or survivorship rights, or assert liens. The court will decide whether the property can be physically divided (partition in kind) or should be sold. The court commonly appoints commissioners or a referee to carry out the partition or sale under Minn. Stat. Ch. 559.

7. Sale and distribution.

   If the court orders a sale, it usually directs a public auction or supervised sale, pays liens, taxes, and sale costs, and then distributes net proceeds proportionally to owners. The court’s orders control distribution and can adjust for improvements, contributions, or encumbrances.

Common issues specific to a deceased owner’s property

• If probate has not finished, the personal representative may control estate property. A partition action against the estate or the estate’s distributees may require coordination with the probate court. See: Minn. Stat. Ch. 524.
• Homestead rights or a surviving spouse’s statutory protections can limit or delay a forced sale.
• Mortgages, tax liens, and other encumbrances must be addressed; the mortgage holder may have priority at sale.
• If a co-owner occupies the property, the court may order an accounting for rental value or expenses.

How long will it take and how much will it cost?

Simple, uncontested partitions can resolve in a few months. Contested matters with title disputes, homestead claims, or multiple creditors can take a year or more. Costs include filing fees, service fees, title searches, appraisals, legal fees, and sale expenses. Expect legal fees unless the case is straightforward and uncontested.

When to hire an attorney

Get an attorney if title questions exist, probate is ongoing, multiple creditors are involved, homestead or survivorship claims exist, or co-owners fight. An attorney can prepare the complaint, manage service, represent you at hearings, and protect your financial interests.

Helpful Hints

• Order a certified copy of the deed and a title search early.
• Collect probate documents: death certificate, will, grant of probate or letters of administration.
• Identify all lienholders (mortgage, tax liens, mechanics’ liens) and notify them.
• Obtain at least one real estate appraisal to understand market value.
• Try negotiation or mediation to avoid costly litigation.
• If you proceed pro se, contact the district court clerk or the Minnesota Judicial Branch self-help resources for filing rules and local forms at the county courthouse or mncourts.gov.
• Keep detailed records of any payments, improvements, or expenses you contributed to the property—these can affect distribution.