How do co-owners initiate a partition action to divide or sell shared real property in North Dakota (ND)? | North Dakota Partition Actions | FastCounsel
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How do co-owners initiate a partition action to divide or sell shared real property in North Dakota (ND)?

August 8, 2025 6 min read

Partition actions in North Dakota: How co-owners start a court process to divide or sell shared real property

Short answer: In North Dakota, any co-owner of real property (commonly tenants in common) can file a civil complaint asking the district court for partition. The complaint names all co-owners, describes the property, and asks the court to either divide the property (partition in kind) or sell it and divide the proceeds (partition by sale). The court follows North Dakota partition law to decide whether physical division is practical or whether sale is necessary, then orders a division, appoints a commissioner or referee for sale if needed, and supervises distribution of proceeds.

Detailed Answer

1. Who may start a partition action?

Any person with an ownership interest in the real property can ask the court to partition it. In North Dakota this typically includes:

  • Tenants in common;
  • Co-owners who hold undivided fractional interests; and
  • Other persons who claim a present estate or interest in the property.

The court will require that all persons with an ownership interest be made parties to the action so it can resolve the rights of everyone who claims an interest.

2. Basic statutory authority

Partition procedures and the court’s powers are governed by North Dakota law. For the statutory framework, see the North Dakota Century Code chapter on partition: N.D.C.C. Title 32, Chapter 18 — Partition. Court procedure and service rules follow the North Dakota Rules of Civil Procedure: ND Rules of Civil Procedure.

3. Typical steps to initiate and pursue a partition action in North Dakota

  1. Confirm ownership and parties. Collect deeds and title information to identify every person or entity with an interest in the property (owners, lienholders, spouses with marital interests, judgment creditors who recorded liens).
  2. Prepare the complaint. The complaint should include:
    • A clear legal description of the property (from the deed or county recorder);
    • A statement of each plaintiff’s interest and how the defendant(s) are related as co-owners; and
    • A specific request for relief: partition in kind or partition by sale (you can request the court determine which is appropriate).
  3. File in the district court. File the complaint in the county where the property is located. Pay required filing fees or submit a fee waiver if eligible.
  4. Serve the defendants. Serve all named co-owners and any known lienholders according to the North Dakota Rules of Civil Procedure so the court can obtain jurisdiction over them.
  5. Pretrial procedures and possible motions. Defendants may contest title, assert offsets (for contributions to the property, improvements, or debts secured by the property), or ask the court to treat liens or encumbrances. The court may require proof of ownership, surveys, appraisals, and accounting of rents and profits.
  6. Court decision: partition in kind vs partition by sale. The court will decide whether the property can be physically divided without prejudice to owners (partition in kind). If physical division is impractical or inequitable, the court will order a sale and division of proceeds (partition by sale). The court may appoint a commissioner or referee to make the physical division, to supervise a sale, or to report back to the court.
  7. Sale and distribution. If the court orders a sale, it will set the method (commissioner’s sale, public auction, or sale by sheriff) and supervise notices and bidding procedures. The court will subtract allowable costs, liens, taxes, and reimbursements for expenses or improvements, then distribute net proceeds according to ownership shares and court orders.

4. What issues does the court consider?

The court balances practicality and fairness. It will consider:

  • Whether the property can be physically divided into reasonably equal parcels without waste;
  • The relative sizes and values of the co-owners’ interests;
  • Existing liens, mortgages, or encumbrances that affect sale proceeds;
  • Contributions by co-owners for improvements, taxes, or necessary expenses (the court can order accounting and equitable adjustments); and
  • Any agreement among co-owners (written partition agreements or buy-sell terms) that governs division or sale.

5. Costs, timeline, and practical expectations

Partition cases can take several months to over a year depending on complexity, disputes about title, the need for surveys or appraisals, and whether the case proceeds to trial. Costs may include court filing fees, service fees, attorney fees, appraisal and survey fees, and commissioner or sale costs. In some cases, the court may award costs or attorneys’ fees against a party who acted unreasonably or as provided by contract.

6. Example hypothetical (simple)

Sarah and James own farmland as tenants in common (50/50). Sarah wants to sell; James wants to keep his share. Sarah files a partition complaint in the district court where the farm sits. The complaint names James and any lienholders, includes the legal description from the deed, and asks the court to either divide the land or sell it. The court finds that the farm cannot be divided fairly and orders a sale. A commissioner conducts the sale, liens and expenses are paid, and the net proceeds are split 50/50 after a small reimbursement to James for unpaid property taxes he covered.

7. Where to find forms and help

North Dakota’s district court clerks provide local filing instructions and forms for civil complaints. For general court self-help resources and local contacts, see: ND Courts – Self Help & Court Resources. For the statutory partition rules, see: N.D.C.C. Title 32, Chapter 18 — Partition.

Helpful Hints

  • Gather title documents early: deeds, mortgages, prior partition agreements, and recorded liens. The complaint needs an accurate legal description.
  • Talk to the other co-owners before filing. Courts prefer resolution by agreement; a negotiated buyout or written partition agreement can save time and cost.
  • Get a survey and appraisal when the division or valuation is contested. Reliable valuations help the court and support settlement talks.
  • Identify and notify lienholders. A recorded mortgage or judgment may affect who gets the sale proceeds.
  • Preserve records of expenses, improvements, taxes, and rent. The court may adjust distributions based on contributions and accounting.
  • Consider mediation. Many disputes resolve faster and cheaper through mediation than through contested litigation.
  • If property has sentimental or special use (family home, business), discuss creative solutions: buyouts, partition in kind with cash equalization, or timed sales.
  • Consult a licensed North Dakota attorney before filing if the title or ownership interests are complex, or if you anticipate a contested case.

Disclaimer: This article is educational only and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation and to prepare or respond to legal papers, consult a licensed attorney in North Dakota.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.