Detailed Answer
Under Minnesota law, any co-owner of real property may compel a sale through a partition action in district court. Minnesota Statutes Chapter 558 governs this process.
1. Filing the Complaint
A co-owner (plaintiff) starts by filing a complaint for partition in the district court where the property lies. See Minn. Stat. § 558.02. The complaint must name all other co-owners and parties with recorded interests.
2. Service and Response
The plaintiff serves the complaint and summons on each co-owner and lienholder. Each served party may answer or object within the timeframe set by court rule.
3. Court Determination
After any hearing, the court decides whether physical division of the land is practical. If dividing the property would impair its value or feasibility, the court orders a sale. See Minn. Stat. § 558.03.
4. Appointment of Referee or Sheriff
When the court orders sale, it appoints a referee—often a licensed attorney or real estate professional—or directs the county sheriff to conduct the sale. See Minn. Stat. § 558.05. The officer will appraise, advertise, and sell the property at public auction.
5. Distribution of Proceeds
After sale, the court distributes net proceeds. First, it pays costs of the action, referee or sheriff fees, and any liens or mortgages. Then it divides the remainder among co-owners according to their ownership interests. See Minn. Stat. § 558.06.
6. Costs and Attorney Fees
The court may award additional costs, appraisal fees, and reasonable attorney fees to the prevailing party. See Minn. Stat. § 558.19.
Timeline: A partition action typically takes 6–12 months, depending on court calendar, complexity of title issues, and time required for sale.
Disclaimer: This article provides general information about Minnesota law and does not constitute legal advice. For guidance specific to your situation, consult an attorney.
Helpful Hints
- Consider mediation or buyout negotiations to avoid a forced sale.
- Gather deeds, surveys, and title insurance policies before filing.
- Identify any liens, mortgages or judgments that may attach to sale proceeds.
- Expect court costs and fees; budget accordingly.
- Consult an attorney early to assess strategy and protect your rights.