Detailed answer — How partition actions work in North Dakota

If you and your sibling co-own your late father’s house and you cannot agree about what to do with it, one legal remedy is a partition action. A partition action asks a North Dakota district court to divide the property among the co-owners or to order the property sold and the proceeds distributed.

Key concepts:

• Tenancy type matters: If you own as tenants in common, each co-owner has an undivided share that can be partitioned. Joint tenancy (with right of survivorship) can change who owns the property after death. Confirm how title is titled (deed, probate records).
• Partition in kind vs partition by sale: The court prefers a partition in kind (physically dividing land) where it is fair and practicable. For a single-family house on one lot, a partition in kind is usually impractical and the court most often orders a sale with the proceeds divided among owners.
• Who can start a partition action: Any co-owner can file a complaint asking the court to partition the property.

Statute

North Dakota law governing partition actions is found in the North Dakota Century Code. See the partition provisions: North Dakota Century Code – Partition of Real Estate.

Typical steps to force a partition sale

1. Confirm ownership and estate issues: Get a certified copy of the deed and, if your father’s estate passed through probate, any probate orders or the will. Make sure the title is clear and identify mortgages or liens that attach to the property.
2. Try to resolve the dispute without court: Courts like to see that parties tried negotiation, mediation, or an agreed buyout. A buyout lets one owner pay the other’s share and avoid sale. If you and your sibling cannot agree on price, mediation with a neutral mediator can help.
3. Send a demand letter: Before filing, send a written demand to your sibling explaining you will seek partition if no agreement is reached. This can support later court findings that you attempted to resolve matters informally.
4. File a partition complaint in district court: A co-owner files a complaint in the county district court where the property is located. The complaint names all co-owners and asks the court to partition the property or order its sale and distribution of proceeds.
5. Court procedure and possible outcomes:
   • The court reviews title, ownership shares, and any liens or encumbrances (taxes, mortgages).
   • If a physical division is not practical, the court usually orders the property sold. The court may appoint a commissioner or referee to handle the sale.
   • After sale, the commissioner reports the sale to the court; the court confirms sale and directs how net proceeds will be distributed (paying mortgages, liens, sale costs, attorney fees, then dividing remainder by ownership shares).
6. Accounting and liens: The court will account for outstanding mortgages, property taxes, and liens. A mortgage holder retains a lien and must be paid from sale proceeds before owners divide any remaining funds.
7. Times and costs: Partition cases can take months to over a year, depending on court schedules, title issues, and whether appeals or objections arise. Costs include court filing fees, appraisal and sale expenses, and attorney fees.

Evidence and documents you should gather

• Deed(s) showing ownership and how title is held.
• Probate documents (if your father’s estate passed through probate).
• Mortgage statements and lien documents.
• Property tax bills and utility records.
• Any written agreements between co-owners about the property.
• Recent appraisal or market comps (helpful but not required).

Practical considerations

• If your sibling is living in the house and you want them removed, a partition action does not automatically provide eviction. If the court orders sale, sale proceeds are distributed; eviction would follow separate procedures if the occupant refuses to vacate after sale or transfer.
• If one co-owner contributes more to mortgage, taxes, repairs, or improvements, they may ask the court to credit those amounts against the other owner’s share when distributing proceeds.
• Co-owners can agree on a private sale and division of proceeds to save time and costs if both sides can reach terms.

When to hire an attorney

Hiring an attorney is advisable if:

• Title or probate issues are unclear.
• There are mortgages, tax liens, or creditor claims against the property.
• The other co-owner actively opposes sale or there is a risk of delay, waste, or removal of assets.
• You want to understand offsets for contributions, improvements, or rents.

Where to learn more or find help

• North Dakota Century Code — partition provisions: https://www.legis.nd.gov/cencode/t32c17.html
• North Dakota Courts self-help and forms: https://www.ndcourts.gov

Because every case has unique facts (title language, outstanding debts, whether the estate completed probate), talk with a North Dakota real estate or probate attorney to evaluate your specific options.

Helpful Hints

• Check the deed first: the words “joint tenancy” or “tenants in common” determine survivorship and rights.
• Collect proof of contributions (mortgage, taxes, repairs) to document any credits you may seek at distribution.
• Try a buyout proposal: calculate fair market value (hire an appraiser) and offer to buy your sibling’s share.
• Consider mediation before filing suit — it’s faster and cheaper than litigation.
• Get title and lien reports early to identify mortgages, tax liens, or judgments that must be cleared by sale proceeds.
• If time is important, ask an attorney about expedited procedures or temporary orders to protect the property during the case.
• Keep records of all communications with your sibling about the property (emails, texts, letters).