Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your situation.
What Is Partition of Property in North Dakota?
Partition allows co-owners of real estate to divide or sell the property. Under North Dakota law, any joint tenant or tenant in common may file a partition action to physically divide the land or force its sale and split the proceeds.
North Dakota Laws on Partition Actions
Chapter 32-17.1 of the North Dakota Century Code governs partition:
- NDCC Section 32-17.1-01 allows a co-owner to seek partition at any time, regardless of the reason.
- The court decides whether to split the land or order its sale under NDCC Section 32-17.1-07.
Partition When Spouses Separate but Before Divorce
Even if you and your spouse separate, partition remains available if you hold title together as joint tenants or tenants in common. Separation status does not pause your right to partition. However, spouses often hold property as marital assets subject to equitable distribution.
Potential Impact on a Pending Divorce
North Dakota courts divide marital property under NDCC Section 14-09-06.2. If you partition property before final divorce, the divorce court may still revalue or reallocate assets to achieve an equitable result. A pre-divorce partition can affect negotiations but does not guarantee exclusion from later division.
Key Steps to Partition Property in North Dakota
- Verify ownership status. Ensure title lists both you and your spouse as co-owners.
- Attempt an amicable agreement. Discuss dividing or selling informally before filing court papers.
- Prepare and file a complaint for partition in district court, naming your spouse as a defendant.
- Serve the partition complaint and summons per court rules.
- Participate in court-ordered mediation or hearings on dividing or selling the property.
- Follow the court’s judgment. It may order a physical division, appoint a commissioner to sell, or mandate a public sale.
Helpful Hints
- Review your deed to confirm whether you hold joint tenancy or tenancy in common.
- Gather documents on mortgages, liens, and property surveys before filing.
- Consider mediation to save time and legal fees.
- Understand that physical division may not be practical for all properties.
- Sale proceeds split according to ownership shares or court order.
- Keep a clear record of communication with your spouse about property decisions.
- Consult an attorney to assess how partition interacts with your divorce case.