Disclaimer: This information is educational only and is not legal advice. Laws change. Consult a licensed North Dakota attorney before taking action.

Detailed Answer — Overview and Step‑by‑Step Guide

If you (or the estate) own real property in North Dakota and some co‑owners or heirs are minors, you can still seek a partition action or a court‑approved sale. North Dakota district courts have authority to divide or order the sale of jointly owned land when owners cannot agree. When minors are involved, the court takes extra steps to protect their legal and financial interests. Below is a practical, step‑by‑step approach that explains how the process normally works and what you should expect.

1. Decide whether you need a partition action or a probate sale

Two common scenarios:

• Title already passed to multiple owners (co‑owners) — file a civil partition action in district court to divide the property in kind or force a sale and divide proceeds.
• The property is part of a decedent’s estate that is still in probate — the personal representative (executor/administrator) may ask the probate court for authority to sell the property, or an heir can ask the district court to partition the property after distribution.

Both paths can involve minors, and both courts will protect minor heirs’ interests.

2. Prepare the necessary documents and identify parties

Common documents and facts the court expects:

• Legal description of the real property (from the deed).
• Chain of title and records showing who holds an interest (deeds, probate documents).
• Death certificate and probate documents if the property is from a decedent’s estate (letters testamentary or letters of administration).
• A complete list of owners/heirs and their addresses. Include names and ages of minor heirs and the names and addresses of any guardians or parents.
• Mortgage payoff information, taxes, liens, and any leases or encumbrances affecting the property.

3. Filing the partition complaint or petition

If you file a partition action, you will typically file a Complaint for Partition in the district court in the county where the property lies. The complaint should:

• Describe the property and each owner’s claimed interest.
• Ask the court to partition the land in kind or, if that is impracticable, to order a sale and distribute proceeds according to ownership shares.
• Name all owners and any known lienholders or parties with a recorded interest as defendants.

The court will issue service requirements and give notice to all parties, including any minors’ guardians or parents.

4. How the court handles minors in the case

North Dakota courts must protect minors’ property interests. Typical protections include:

• Appointment of a guardian ad litem (GAL) or counsel to represent the minor’s best interests in the partition action. The court may appoint an independent GAL even if a parent is available, especially where conflict of interest exists.
• If the minor doesn’t already have a guardian of the estate, the court may appoint one or require the sale proceeds to be held in a manner that protects the minor’s funds (for example, deposit into a blocked account, or under bond, or under a conservatorship/guardianship of the estate).
• Requiring court approval of any sale terms, buyouts, or distributions involving a minor’s share.

Because the court focuses on the minor’s best interests, expect extra hearings and a requirement that the proposed transaction is fair and reasonable.

5. Sale vs. division in kind — what the court considers

The court prefers partition in kind (physically dividing property) when it is practical and fair. If dividing the land would be impractical, significantly reduce value, or prejudice one or more owners, the court may order a sale. When minors stand to receive proceeds, the court will carefully review sale terms, sale method (public auction or private sale), and how proceeds will be handled for the minors.

6. If a probate personal representative wants to sell

If the property is still in probate, the personal representative should look to the probate court for authority to sell. The probate court will consider whether sale is necessary to pay debts, manage the estate, or divide assets. The probate court also protects minors in the same way — requiring notice and court approval of sales that affect minor heirs.

7. Court orders, sale, and distribution of proceeds

Typical sequence after a sale order:

1. Court issues an order approving sale procedure (public auction or supervised private sale).
2. Sale occurs under court supervision or by an appointed commissioner/real estate broker as ordered by the court.
3. Buyer pays purchase price into the court registry or as ordered, subject to liens and costs being paid first.
4. Court reviews the sale, confirms it is fair, and issues an order directing distribution of net proceeds among owners in proportion to their shares.
5. The portion attributable to any minor is held or managed under appropriate court‑ordered protections (guardianship, blocked account, or other arrangement) until the minor reaches majority or another court order authorizes distribution.

8. Timeline and costs to expect

Time and cost vary with complexity. A straightforward partition often takes several months. If the minor status, title disputes, liens, or probate complicate matters, expect additional months and higher attorney and court costs. The court may order sale expenses, attorneys’ fees, and custody costs to be paid from sale proceeds.

9. Alternatives to court action

Court action is not the only option. Consider:

• Agreement among heirs for a private buyout (with court approval for minor’s share or guardian consent as needed).
• Mediation to reach a voluntary division or sale plan that protects minor interests and avoids litigation costs.

10. When to get an attorney

Consider hiring a North Dakota attorney if:

• Minors are involved and protection of their property is required.
• Title is unclear, there are liens, or multiple counties are involved.
• You want to ensure the sale or distribution follows statutory requirements and minimizes delay.

To find statutes and official resources for North Dakota law, see the North Dakota Century Code and the North Dakota Courts’ official site: North Dakota Century Code (cencode) and North Dakota Courts. These sites provide statutory text and court procedural resources you can review or share with your attorney.

Helpful Hints

• Start by locating the deed, the decedent’s will (if any), letters of administration or testamentary, and the county property tax records.
• Make a list of all heirs and their addresses, including birthdates for minors and the names of any guardians or parents.
• Ask your county recorder’s office for any liens, mortgages, or recorded interests against the property before filing.
• If you plan a private settlement or buyout, document the agreement in writing and get the court’s approval for any transaction affecting a minor’s share.
• Expect the court to require appointment of a guardian ad litem or other representative for any minor; plan for that in your calendar and budget.
• If proceeds must be held for a minor, the court will usually require a clear plan (guardian of the estate, blocked account, or other protective measure) before approving distribution.
• Use mediation if heirs disagree. Courts often view a negotiated settlement that protects minors as preferable to prolonged litigation.
• Keep copies of every court filing, order, and sale document. The court will rely on this paper trail when protecting minors’ interests.