Detailed Answer
In North Dakota, a co-owner can force the sale of real property through a partition action under N.D. Cent. Code Ch. 32-19. This process lets joint owners either divide land physically (partition in kind) or, when division proves impractical or unfair, compel a public sale to split proceeds based on ownership interests.
Statutory Basis
N.D. Cent. Code § 32-19-01 authorizes an action for partition in district court. If the court determines a fair division is impossible, it may order a sale under § 32-19-07.
§ 32-19-01,
§ 32-19-07.
Steps in the Partition Process
- File a complaint in the district court where the property sits (NDCC § 32-19-01).
- Serve all co-owners with summons and complaint; they may answer or raise defenses.
- Collect evidence on property boundaries, improvements, and values.
- Attend a hearing. Demonstrate why physical division is impractical or inequitable.
- If the court finds division unfair, it appoints a commissioner or officer to sell the property (NDCC § 32-19-07).
- The commissioner conducts a public auction after proper notice to co-owners.
- The court confirms the sale and orders distribution of net proceeds according to each owner’s share.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Consult an attorney early to evaluate ownership interests and partition viability.
- Gather deeds, surveys, and mortgage records to prove your share.
- Consider mediation to resolve disputes without court intervention.
- Anticipate costs: filing fees, appraisal charges, and commissioner commissions.
- Review tax consequences of sale proceeds with a tax advisor.