Can I force a partition when a co-owner refuses? A step-by-step guide for North Dakota

Short answer: Under North Dakota law, you can ask the district court where the property is located to divide (partition) or sell the property even when a co-owner refuses. You will normally file a partition complaint in the county district court, name all owners and lienholders, serve them, and ask the court to either divide the land (partition in kind) or order a sale and divide the proceeds. This article explains the typical steps, what to expect, and useful practical tips.

Disclaimer

This article is for general information only and is not legal advice. I am not a lawyer. For advice specific to your situation, consult a licensed North Dakota attorney.

Detailed answer — how to start a partition action in North Dakota

1. Confirm the facts and property details

Confirm that the person you want to force into partition is a co-owner (title shows them as an owner or you can otherwise prove ownership interest).
Get a legal description of the property from the deed or the county recorder.
Identify all persons and entities with an interest in the property—co-owners, mortgage holders, judgment lienholders, and anyone who may claim an interest.

2. Consider alternatives before filing

Try negotiation or mediation. Courts often expect parties to attempt resolution before litigation.
Offer a buyout where you pay the other owner fair market value for their share.
Send a written demand to partition. This documents an attempt to resolve and may help later in court.

3. Where to file (venue)

File a complaint for partition in the North Dakota district court for the county where the property is located. North Dakota’s court resources and district court locations are available on the North Dakota Courts website: https://www.ndcourts.gov.

4. What to include in the partition complaint

A clear statement that you and the defendants own the property together and your respective interests.
The legal description and street address (if any) of the property.
A request that the court order partition in kind (physical division) or, if not practicable, order a sale and division of proceeds.
A request to join and notify all lienholders and other claimants so their rights are protected and addressed in the proceeding.
Facts supporting the court’s authority to divide or sell the property.
A proposed form of order and proposed appointment of a commissioner, referee, or special master to carry out the partition or sale if the court uses one.

5. Service and joinder of parties

All co-owners and known lienholders must be named and served according to North Dakota procedure. If unknown owners or heirs might exist, the court may allow service by publication for those parties. Proper joinder ensures a final judgment that binds all interested parties.

6. Response, hearings, and discovery

After service, defendants have the opportunity to answer. The court may allow discovery (written questions, document requests, depositions) and scheduling of hearings to resolve contested facts—such as boundaries, contributions to improvements, or liens. The court decides whether partition in kind is feasible or whether a sale is necessary.

7. Commissioner or sale

If the court orders partition in kind, it will direct how to divide the property and may appoint a commissioner to survey, divide, and transfer titles. If physical division is impractical or unfair, the court will order a sale (often by sheriff’s sale or private sale overseen by the court) and will distribute net proceeds after costs, liens, and judgments are paid.

8. Costs, fees, and potential attorney fees

The partition plaintiff typically pays filing fees and costs. The court may order costs and attorneys’ fees to the prevailing party in certain circumstances, but courts weigh factors such as reasonableness and conduct of the parties. Expect additional costs for surveys, appraisals, publication, sale commissions, and commissioner fees.

9. Typical timeline

Timelines vary. An uncontested partition might resolve in a few months. Contested matters with discovery, title disputes, or complicated boundaries can take a year or more. Plan for delays and additional expenses when a co-owner actively resists.

10. After the court order

If the court divides the property, it will issue deeds or orders to transfer title to the divided parcels.
If the court orders a sale, the sale proceeds are collected, liens and costs are paid, and the court issues an order directing distribution to the owners according to their interests.
Record the court’s judgment and any deeds with the county recorder to update title records.

Key North Dakota legal resources

North Dakota Century Code—Title 32 (Property): https://www.legis.nd.gov/cencode/t32
North Dakota Courts — court locations, forms, and civil rules: https://www.ndcourts.gov
North Dakota Rules of Civil Procedure (procedures for filing and serving complaints): https://www.ndcourts.gov/legal-resources/rules/civil

Helpful Hints

Hire a real estate or civil litigator early. Partition actions involve property law, title, and procedure—an attorney reduces costly mistakes.
Run a title search and get a recent abstract of title or title report first. You must identify lienholders and encumbrances to name them in the complaint.
Get an appraisal and, if possible, a survey before filing. These documents help the court decide between partition in kind or sale.
Document all communications with the co-owner. Proof of attempts to negotiate or demand partition helps your case and can affect fee or cost decisions.
Be realistic about division. If the land cannot be fairly divided, the court likely will order a sale. Consider a private buyout or professional mediation as cheaper alternatives.
Expect county-specific procedures. Confirm local district court filing rules and fees with the clerk of the district court where the property sits.
Budget for extra costs: surveyor, appraiser, service fees, publication costs (if needed), and possible commissioner fees or sale commissions.

If you want, provide the county name where the property sits in North Dakota and any available title details (who is on the deed, mortgages, or liens), and I can outline the likely steps and documents you’ll need next.