Detailed Answer — How partition works in North Dakota

If you and others (siblings, nieces/nephews, etc.) own one parcel together as tenants in common, any co-owner can ask the North Dakota district court to divide or sell the property. North Dakota law provides a civil remedy called a partition action. The court may divide the land among the owners (partition in kind) or order a sale and divide the proceeds when a fair physical division is impractical. See North Dakota Century Code, chapter on partition for the controlling law: N.D. Cent. Code, Ch. 32-15 (Partition).

Step-by-step: What typically happens

1. Confirm ownership interests and title type. Obtain the deed(s) and a title history from the county recorder to confirm who holds what percentage and whether the ownership is tenancy in common (most common when family members inherit together).
2. Try a negotiated solution first. Courts expect parties to try dividing the property by agreement. Options include voluntary physical division, one co-owner buying the others out, or selling and splitting proceeds. Put offers in writing and consider mediation.
3. If negotiation fails, file a partition action in district court. File in the county where the land lies. The complaint names all co-owners and requests partition by division or sale.
4. Court process and possible early steps. The court serves co-owners. It may order appraisal, a temporary reader/commissioner to inspect, or require mediation. Minors or incapacitated owners typically need a guardian ad litem or a legal representative.
5. Partition in kind vs. sale. The court prefers partition in kind (dividing the parcel physically) when practical without substantially impairing value or use. If the land cannot be fairly divided, the court will order a sale and divide the net proceeds proportionally after expenses and liens. A court also may order an allotment plus payment if exact physical division isn’t equal.
6. Appointment of commissioners or referees. The court often appoints disinterested commissioners to divide the property or manage a sale, submit reports, and provide accounting of proceeds.
7. Costs, credits, and offsets. The partition accounting typically credits co-owners for mortgage payments, taxes, repairs, improvements, or if one owner ousted the others. The court adjusts distributions to reflect these equities.
8. Sale and distribution. If ordered sold, the property is marketed (public auction or private sale under court supervision). After sale and payment of costs, liens, and expenses, the remaining funds are divided according to ownership shares.

Practical considerations under North Dakota law

• Filing a partition action is a judicial remedy; expect months of litigation, plus costs for attorneys, appraisers, and court fees.
• Courts favor solutions that preserve reasonable property value — a forced sale can decrease net proceeds once costs and commission are deducted.
• Mortgages and liens follow the property. A sale pays liens first. If an owner is behind on mortgage payments, that affects available proceeds.
• Minor owners or those under disability have statutory protections in court; the court may require special procedures or representation.

Where to start right now

1) Gather title documents (deed, wills or probate papers if applicable), mortgage statements, tax records, and records of payments or improvements. 2) Talk to the co-owners about buyout or voluntary division. 3) If negotiation fails, consult a North Dakota real property attorney to evaluate filing a partition action and explain local practice and likely costs.

For a statutory overview of partition procedures in North Dakota, see: N.D. Cent. Code, Ch. 32-15. For general court information and forms, see the North Dakota court website: North Dakota Courts.

Helpful Hints

• Document everything. Keep written records of offers, payments, improvements, and communications with co-owners.
• Consider mediation before suing. A mediator can help reach a buyout or division without expensive litigation.
• Get a current appraisal. An independent appraisal helps evaluate buyout offers and informs decisions about division vs. sale.
• Think about tax consequences. Sale or division can create capital gains tax liabilities. Consult a tax advisor before final agreements.
• If you’ve paid more than your share for taxes or mortgage, record that evidence; courts often credit those payments in the final accounting.
• Expect the court to consider fairness, not just literal acreage. Usability, access, and value affect whether a parcel can be partitioned in kind.
• If any owners are minors or legally incapacitated, notify the court early so appropriate representation can be appointed.
• Consult an attorney early. A lawyer can protect your ownership share, outline likely costs, and sometimes obtain a temporary court order to preserve the property’s condition and value.

Quick checklist to bring to a consultation: deed(s), tax bills, mortgage statements, evidence of payments or improvements, communications with co-owners, and any wills or probate documents.