Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Step 1: Prepare and File a Partition Petition
To begin a partition action, a property co-owner or person with a present legal interest must file a petition in the district court in the county where the real property lies. The petition must identify the property, list all co-owners and claimants, and state each party’s share. See Minn. Stat. § 558.02.
Step 2: Serve Summons and Petition on All Parties
Next, serve the petition and a summons on every co-owner and anyone else with an interest in the property. Service must comply with Minnesota Rules of Civil Procedure, Rule 4. This ensures each party can participate or object.
Step 3: Appointment of a Commissioner
After parties appear or the time for response passes, the court appoints a qualified commissioner to oversee the partition, as outlined in Minn. Stat. § 558.04. The commissioner handles surveys, appraisals, notifications, and the ultimate division or sale.
Step 4: Survey, Appraisal, and Reports
The commissioner arranges for a land survey and property appraisal, typically under Minn. Stat. § 558.03 and § 558.06. The commissioner then files a detailed report recommending either partition in kind (physical division) or partition by sale.
Step 5: Consent to Partition In Kind or by Sale
Co-owners can consent in writing to the commissioner’s plan at any point before court confirmation. To consent to partition in kind, file a written agreement signed by all parties, per Minn. Stat. § 558.07. If all parties agree, the court will confirm the division without sale.
If co-owners choose partition by sale, the property is marketed and sold under Minn. Stat. § 558.14. Interested parties may bid at a public sale or submit sealed bids. After sale, the commissioner submits a final report on distribution of proceeds.
Step 6: Court Confirmation and Decree
Once the commissioner completes the report, the court reviews it. If the report meets statutory requirements, the court issues a decree confirming the partition or sale and directs distribution of proceeds under Minn. Stat. § 558.18.
Helpful Hints
- Begin early: Draft the petition carefully to avoid delays.
- List all interested parties, including lienholders.
- Work with surveyors and appraisers familiar with court-appointed commissioners.
- Document all consents in writing and file promptly.
- Keep communication open with the commissioner to address questions.