Quick note: This information explains common steps and legal concepts under North Dakota law. It is educational only and not legal advice. For legal guidance about a specific situation, consult a licensed North Dakota attorney.

Detailed answer — How co-owned farmland is divided or sold by court order in North Dakota

Overview

When two or more people own farmland together and they cannot agree on continuing joint ownership or dividing the property, North Dakota law allows a court to intervene and order the property divided (partition in kind) or sold with the proceeds divided (partition by sale). Courts prefer dividing the land physically when it is practical and fair. If physical division is impossible or would substantially harm the property’s value, the court may order a sale and divide the net proceeds among the co-owners.

Ownership type matters

The process and remedies are similar whether ownership is as tenants in common or joint tenants. However, joint tenancy includes survivorship rules that can affect ownership after a co-owner dies. Title documents and deeds determine each owner’s legal share, and those shares guide distribution of sale proceeds or the division of acreage.

Voluntary solutions (before suing)

Before filing a court action, co-owners should consider:

• Negotiating a buyout where one owner purchases the others’ interests;
• Using mediation or collaborative negotiation to divide acreage or allocate income/costs;
• Agreeing on a private sale and split of proceeds; or
• Entering a written agreement addressing possession, cropping, and cost-sharing if short-term cooperation is feasible.

Pleading a partition action in district court — step by step

If voluntary resolution fails, a co-owner typically files a partition complaint in the North Dakota district court in the county where the land lies. The common steps that follow are:

1. File the complaint and serve co-owners: The plaintiff names all known co-owners and interested parties (mortgage holders, lien claimants). The complaint asks the court to partition the property or order a sale.
2. Response and preliminary issues: Defendants can admit, deny, or raise defects in the complaint. The court resolves jurisdictional or title disputes first.
3. Discovery and valuation: Parties exchange information, title papers, surveys, and appraisals. The court may order an appraisal or allow parties to present expert valuation evidence.
4. Partition in kind (physical division) evaluation: The court examines whether a fair physical division is practical. If the farmland can be divided into parcels roughly equal to each owner’s interest without undue injury to value or access, the court prefers partition in kind.
5. Appointment of commissioners or referees: The court may appoint one or more commissioners (or a referee) to propose a plan for dividing the land, prepare a partition map, and report to the court.
6. Hearing and order: After considering reports and evidence, the court issues an order either (a) approving a partition in kind, instructing deeds to be prepared and recorded, or (b) ordering partition by sale if division is impracticable or inequitable.
7. Sale procedure (if ordered): The court supervises the sale. That can be a public auction, court-ordered private sale, or other sale mechanism. The court sets the method, minimum bid, and distribution terms.
8. Payment of liens and costs: Before distributing sale proceeds, the court requires payment of valid liens, mortgages, taxes, and reasonable costs (sale and court costs, commissions, and sometimes attorneys’ fees if authorized).
9. Distribution of net proceeds: After deductions, net proceeds are divided among owners according to their ownership shares or as the court’s judgment specifies (adjusted for credits or offsets).

Common adjustments and credits the court can order

The court can account for improvements, crops, rents, repair costs, or losses. For example, a co-owner who made substantial improvements or paid taxes or mortgage installments on behalf of the property may receive credit against his or her share. Likewise, a co-owner in possession might owe rent or compensation to others for exclusive use.

Considerations unique to farmland

• Partition in kind must consider field boundaries, irrigation, access roads, drainage, and continuity of cropping units.
• Dividing a single farm tract may reduce agricultural utility or value; courts often weigh this strongly.
• Farm program participation, conservation easements, and government payments (e.g., CRP, crop insurance) can affect valuation and sale logistics.
• Agricultural liens, crop liens, fertilizer or seed liens, and lender mortgages must be identified and satisfied or resolved before distributing proceeds.

Timelines and costs

Partition actions can take many months to over a year depending on contested issues, appraisals, surveys, and whether a sale is required. Costs include court filing fees, survey and appraisal fees, commissioner or referee fees, advertising and sale costs, and attorney fees. Those costs reduce the net proceeds available to owners.

Possible outcomes

Outcomes include: a court-ordered division of acres to match ownership shares, a sale with divided proceeds, a buyout by one or more co-owners, or dismissal if the court finds partition inappropriate given the circumstances. Courts generally favor an outcome that protects property value and fairly compensates owners.

Where to read North Dakota law and court resources

North Dakota’s statutes and court information are available online. For statutory text and related provisions on real property and civil procedure, see the North Dakota Century Code and the state court website:

• North Dakota Century Code (official code)
• North Dakota Courts (procedures and forms)

Helpful hints

• Gather title documents: deeds, mortgages, lien statements, survey maps, and any written co-ownership agreements before contacting counsel.
• Check for recorded easements, conservation agreements, and government program participation that could limit division or sale.
• Get a professional appraisal and boundary survey early to understand value and subdivision feasibility.
• Explore a buyout or mediation first — court actions are costly and can reduce net value.
• Ask the court or an attorney about appointing a neutral commissioner to map a practical division that preserves farm operations where possible.
• Confirm all lienholders are named in any lawsuit; unknown liens can delay sale proceeds and distribution.
• Consider the tax consequences of sale or division (capital gains, basis adjustments); consult an accountant or tax advisor.
• If you occupy and farm the land, keep careful records of payments, improvements, and repairs to support claims for credit or reimbursement.
• Expect the process to take months; plan farm operations, leases, and crop decisions with potential court timelines in mind.
• Consult a North Dakota attorney experienced in real property and partition actions to evaluate strategy specific to your situation.

Reminder: This FAQ is an educational summary and not legal advice. A licensed North Dakota attorney can explain how the law applies to your exact facts and represent you in court if needed.