Detailed answer — what you can do if the other side asks the court only to sell the house

When someone asks a North Dakota court to order a sale of real estate without asking for buyout terms (for example, in a divorce, partition action, or other property dispute), you still have several practical and legal options. Which options make sense depends on the case type, who holds title, mortgage status, and whether the property is marital or separate. Below are the actions commonly available and how they work in North Dakota.

1. Respond and ask the court to set buyout terms or delay sale

You (or your lawyer) can file a written response or a motion opposing an immediate sale and asking the court either to:

• authorize a buyout by one party at a court-determined value,
• order an appraisal and set a buyout price after the appraisal, or
• issue a temporary stay of sale while parties pursue negotiation or financing for a buyout.

Asking for an appraisal is a common first step: a neutral appraiser’s report gives the court a basis to set a fair buyout price.

2. Propose or seek an appraisal and buyout formula

If you want to keep the house, propose a buyout formula that shows how you arrived at a fair price: market value (from an appraisal) minus outstanding liens and closing costs, plus any recognized credits (for mortgage payments, improvements, or unequal contributions). The court often uses a fair market value less encumbrances as the starting point when deciding buyout figures.

3. Ask for partition in kind or an orderly sale process

If title is held jointly and one owner seeks a sale, you may ask the court for a partition in kind (rare with single residences) or, if sale is inevitable, for an orderly sale process: court-ordered appraisal, minimum listing price, a defined advertising period, and authority to ratify the sale only when terms are fair. Partition and sale procedures are controlled by North Dakota property and civil procedure law; you can request the court use a method that protects value instead of an immediate auction or quick sale.

4. Negotiate a settlement or mediation

Courts encourage settlements. Mediation or direct negotiation often yields buyout terms faster and cheaper than litigation. Options include:

• one spouse refinancing and buying out the other,
• deferred sale with a clear timetable and buyout triggers, or
• offsetting the house equity with other marital assets.

5. Challenge valuation or assert equitable credits

If you disagree with a proposed sale because you invested in the house, made mortgage payments, or have other equitable claims, present evidence: receipts for improvements, mortgage payment records, property tax payments, and W-2/pay stubs showing household contribution patterns. The court can account for unequal contributions when dividing equity.

6. Seek temporary orders for possession, maintenance, and costs

Ask the court to enter temporary orders about who lives in the house, who pays mortgage, insurance, taxes, utilities, and upkeep costs while the dispute is pending. North Dakota courts can allocate those responsibilities until final resolution.

7. Consider timing, taxes, and financing

If a sale is ordered without buyout terms, timing affects proceeds and taxes. Capital gains exclusion rules, moving costs, and the ability to refinance for a buyout are practical barriers. If you want to buy out the other owner, you may need to obtain new mortgage financing in your name.

8. If title holders aren’t spouses — partition actions

When co-owners who are not married cannot agree, either owner can file a partition action asking the court to divide or sell the property. In those cases the court generally has broad authority to sell and divide proceeds. But you can still ask the court to appoint appraisers, set a sale method, or order buyout procedures before a public sale.

Relevant North Dakota law and where to look

Property division during divorce and partition procedures are governed by North Dakota statutes and court rules. For general rules on domestic relations and property division, review the North Dakota Century Code, Title 14 (Domestic Relations): https://www.legis.nd.gov/cencode/t14. For statutes and rules covering partition and other property actions, see North Dakota Century Code Title 32 (Real Property) and the civil procedure rules: https://www.legis.nd.gov/cencode/t32. If your case is in family court, local family law rules and ND Rules of Civil Procedure also apply; the North Dakota courts site and legislature site provide those materials.

When to call a North Dakota attorney

Talk to a licensed North Dakota attorney if any of the following apply:

• You want to keep the house but need help arranging refinance or buyout terms.
• There are complex title issues, liens, or third-party claims (creditors, tax liens).
• You need a court motion to delay a sale, request an appraisal, or protect equity.
• Significant marital assets or equities will be affected by the sale.

An attorney can file the right motions, propose valuations, and negotiate a settlement that protects your financial interests.

Helpful hints

• Respond quickly: deadlines for motions and objections can be short. Missing a deadline may limit your options.
• Get an independent appraisal: a neutral value opinion helps the court set fair buyout terms.
• Gather documents now: mortgage statements, property tax records, receipts for improvements, and proof of payments will support your claims.
• Consider mediation: it is often faster and cheaper than court-ordered sale and gives you control over the outcome.
• Evaluate financing early: if you intend to buy out the other owner, speak with mortgage lenders to confirm what you can afford and qualify for.
• Ask the court for temporary financial orders: mortgage, taxes, insurance, and upkeep should be allocated while litigation is pending.
• Watch for liens: creditor claims and unpaid taxes can reduce net sale proceeds; know who is responsible before settlement.
• Think about taxes: the timing and structure of the sale or buyout can have tax consequences; consult a tax advisor for large transactions.