Detailed Answer
This is not legal advice. It is an educational overview of how to file a partition action under Minnesota law when multiple relatives co-own real property.
Under Minnesota Statutes Chapter 558, any co-owner of real estate may ask a district court to divide (partition) jointly held land. A partition action forces either a physical division of the land or a court-ordered sale with proceeds divided among the owners. Here’s how to proceed:
1. Confirm Ownership and Title
Gather deeds, wills or trust documents showing each relative’s ownership share. Ensure the legal description of the property matches county records.
2. Choose the Type of Partition
Minn. Stat. § 558.01 allows two outcomes:
• Partition in kind: The court divides the land into separate parcels. Each owner receives a portion that approximates their share.
• Partition by sale: If physical division is impracticable or inequitable, the court orders a public or private sale and allocates net proceeds.
3. Prepare and File the Petition
File a Petition for Partition in the district court in the county where the property lies. The petition should include:
- Names and addresses of all parties with any recorded interest.
- Legal description of the property.
- Statement requesting partition in kind or by sale.
- Estimate of current fair market value.
Include a cover sheet per local court rules and pay the filing fee. You may request appointment of three disinterested commissioners to oversee the division per Minn. Stat. § 558.03.
4. Serve Co-Owners
After filing, serve each co-owner with summons and petition according to Minn. R. Civ. P. 4.02. If any owner cannot be found, you may request service by publication under Minn. R. Civ. P. 4.05.
5. Court Hearing and Appointment of Commissioners
If co-owners agree on division, submit a consent decree. Otherwise, the court schedules a hearing. At hearing, the judge may:
- Appoint partition commissioners under Minn. Stat. § 558.03.
- Confirm whether to partition in kind or order a sale.
Commissioners inspect the property, prepare a written report with proposed division or sale terms, and submit it to the judge. Interested parties may file objections within the deadline.
6. Confirmation and Distribution
Once the court approves the commissioners’ report, it issues an order effecting the division or sale. For sales, the court instructs a sheriff’s sale or private broker sale. After sale, the clerk distributes net proceeds according to ownership shares, less costs and debts.
Helpful Hints
- Check county records for liens or mortgages before you file.
- Consider mediation to reach agreement and avoid contested proceedings.
- Obtain an appraisal to support your valuation in the petition.
- Prepare for additional costs: appraisal fees, commissioner fees and court costs.
- Retain copies of all filings, summonses and court orders.
- Use certified mail or a process server to ensure proof of service.
- Consult a qualified Minnesota real estate attorney if disputes arise or valuation issues become complex.