Partition Action Process Under North Dakota Law
Detailed Answer
A partition action offers co-owners a judicial path to divide or sell shared property when they cannot agree. Under North Dakota Century Code Chapter 32-19 (N.D.C.C. Chapter 32-19), any owner of real property may petition the court to partition the land according to each owner’s share.
Step 1: Filing the Complaint. A co-owner initiates the process by filing a complaint in the district court of the county where the property sits. The complaint must list all co-owners and their ownership interests and request either partition in kind or partition by sale (see N.D.C.C. § 32-19-01).
Step 2: Service and Response. The court serves the complaint on all co-owners. Each party may answer, raise objections, or assert liens or claims against the property under N.D.C.C. § 32-19-02.
Step 3: Appointment of Commissioner. If co-owners disagree on how to divide the land, the court appoints a commissioner to survey the property, prepare a map, and propose a division plan under N.D.C.C. § 32-19-12.
Step 4: Court’s Decision. The court reviews the commissioner’s report. If land division is feasible, the court orders partition in kind. If physical division would impair value or is impractical, the court orders sale at public auction (N.D.C.C. § 32-19-17).
Step 5: Distribution of Proceeds. After sale, the court disburses net proceeds according to each owner’s legal interest. It deducts costs, liens, and improvements, then divides the remainder as specified in the judgment (N.D.C.C. § 32-19-18).
Helpful Hints
- Verify ownership shares before filing.
- Explore mediation to avoid court costs.
- Evaluate whether in-kind division suits property layout.
- Budget for surveyor fees and court costs.
- Consult a real estate appraiser for fair market value.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice on your specific situation, consult a licensed attorney in North Dakota.