Understanding Partition Actions Under North Dakota Law

Short answer (overview): When co-owners of land in North Dakota cannot agree whether to divide, sell, or otherwise manage the property, one or more co-owners can ask a court to force a partition. The court will first consider whether the land can be divided fairly (“partition in kind”). If division is impractical or would be inequitable, the court can order a sale and divide the proceeds. The process begins by filing a civil action in the appropriate district court, naming all persons with an interest in the property, giving proper notice, and following the court’s procedure for appointing commissioners, valuing the property, and distributing proceeds.

What is a partition action?

A partition action is a lawsuit seeking judicial resolution of ownership interests in real property when co-owners disagree. The court can:

Order partition in kind — physically divide the property among owners if it can be done fairly; or
Order a sale of the property and divide the sale proceeds among the owners according to their ownership shares.

Who may start the process?

Any person who holds a legal or equitable interest in the property may bring a partition action. That typically includes co-owners (tenants in common or joint tenants), heirs who inherited property, and lienholders in certain circumstances. You must include all persons who have an ownership or recorded interest so the court can fully resolve title and distribution.

Where to file

File in the District Court in the county where the property lies. The court has authority to order division or sale and to clear title issues affecting distribution.

Basic steps to start and prosecute a partition action in North Dakota

Gather ownership documents. Collect deed(s), title policy if any, mortgage and lien records, probate documents, partnership or trust documents, and any written agreements among owners.
Identify all interested parties. Name all co-owners, spouses if title is community or marital, heirs, party purchasers, mortgagees, and other lienholders. A valid partition usually requires joinder or notice to all parties with a recorded interest.
Prepare and file the complaint for partition. The complaint normally: (a) describes the property (legal description); (b) states each party’s claimed interest; (c) requests partition in kind or sale; and (d) asks the court to appoint commissioners or a referee to divide or sell the property.
Service and notice. Serve the complaint and summons on all named parties per North Dakota rules of civil procedure so the court can obtain jurisdiction over them.
Preliminary court orders and appointment of commissioners. The court may appoint commissioners or a real estate appraiser to value the property, attempt to physically divide it, or oversee a sale. The court may also order an accounting of rents, profits, and expenses.
Attempt partition in kind. If the property can be divided so each owner gets a fair share consistent with their fractional interests, the court can order a physical division.
If partition in kind is impracticable — sale. If division would be impracticable or would diminish value (for example, a single-family house on one lot), the court will order the property sold, typically by auction or supervised sale, and distribute proceeds after paying liens, costs, and expenses.
Distribution of proceeds and closing. The court supervises distribution, including costs, taxes, mortgage payoffs, and any credits for improvements or equities among the owners.
Final order and title clearing. The court issues a judgment that resolves ownership, authorizes the sale, and directs distribution. That judgment can be recorded to clear title for the buyer or the new owners.

Typical timeline and practical notes

Time varies. A partition in kind can be quicker if the land divides cleanly, but contested actions with multiple parties, title disputes, liens, or valuation disagreements can take many months to over a year. Sales may require court confirmation and a sheriff or commissioner sale process, which adds time.

Costs and who pays

Costs usually include filing fees, service costs, attorney fees, appraisals, commissioner fees, and costs of sale. The court may allocate costs and necessary allowances among the parties based on equities and conduct. If a party’s conduct causes extra expense (for example, frivolous delays), the court may order that party to bear additional costs.

Common complications

Unrecorded heirs or missing parties — you must locate and include all claimants.
Mortgages, tax liens, or judgments — liens normally must be paid from sale proceeds or otherwise satisfied.
Ownership disputes — competing claims (adverse possession, fraud, forged deeds) may require additional litigation.
Improvements and contributions — courts account for contributions to improvements, mortgages paid by some co-owners, and waste or rent owed.

Hypothetical example (illustrative)

Three siblings inherit a 40-acre farm as tenants in common. Two siblings want to sell; one wants to keep the entire parcel. The two can file a partition action in the county where the farm sits. The court will evaluate whether the 40-acre tract can be fairly divided among the heirs. If division would leave tiny, uneconomic parcels or if the house and barn cannot be allocated fairly, the court will order a sale and divide net proceeds based on each owner’s share, after paying mortgages, liens, and sale costs.

Relevant North Dakota law and resources

North Dakota law provides the statutory framework for partition and related remedies. See the North Dakota Century Code chapter governing partition proceedings for specific statutory language and procedural rules. You can find the code online at the North Dakota Legislative Branch website:

North Dakota Century Code — Partition (Chapter 32‑17)
NDCC § 32‑17‑01 (General partition provisions) — (follow links on the legislative website for the specific sections that apply)

Also review North Dakota Rules of Civil Procedure for service, joinder, and how to name parties and claims.

When to consider alternatives to litigation

Because partition suits can be costly and divisive, consider these alternatives first:

Negotiate a buyout: one owner buys out the other(s) for an agreed price.
Mediation: neutral third-party can help owners reach a voluntary settlement.
Sell by agreement: list and sell the property with proceeds split per ownership shares.
Partition by agreement: owners agree to a physical division and record new deeds without court action.

Helpful hints

Start by collecting deeds, mortgage statements, tax bills, and any written ownership or buy-sell agreements.
Identify and record the legal description of the property — the complaint must describe the property accurately.
Find and contact all potential claimants early (spouses, heirs, lienholders) to avoid missing parties that can delay the case.
Get a current title report to reveal liens, recorded interests, and encumbrances before filing.
Use mediation to try to avoid litigation costs and emotional strain — courts often encourage settlement.
If you plan to ask the court for partition by sale, be prepared to explain why a division in kind is impractical or inequitable.
Work with an attorney experienced in real estate litigation and partition proceedings — they can draft pleadings, ensure proper service, and advise about valuation and division issues.
Keep records of contributions, repairs, taxes, and mortgage payments; the court can credit owners who paid more than their share.

How an attorney can help

An attorney can evaluate whether a partition action is appropriate, prepare and file the complaint, identify and serve all necessary parties, represent you at hearings, negotiate buyouts or mediations, obtain appraisals, and protect your financial interests throughout the process. If title is clouded or other claims exist, counsel can coordinate quiet-title or lien-resolution proceedings alongside partition.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It explains general concepts under North Dakota law and may not cover every situation. Consult a licensed North Dakota attorney for advice about your specific case.