Disclaimer: I am not a lawyer. This article is educational only and is not legal advice. For help on a real case, consult a licensed North Dakota attorney.
Detailed Answer
When filing a partition action in North Dakota, the petition should name as petitioners the person or persons who actually bring the lawsuit seeking the court to divide or sell the property. Who you list depends on who owns an interest in the property and who wants the court to take action.
Basic rule
Any co-owner with a legal or equitable ownership interest may file for partition. The petitioner(s) are the party or parties who ask the court to divide or sell the property. Co-owners who oppose the request are typically named as defendants. You do not have to have every co-owner join as a petitioner — you can file alone if you are a co-owner and you want the court to act.
Common examples using a simple hypothetical
Hypothetical facts: three siblings—Alice, Ben, and Carol—hold title as tenants in common to a family house. Alice wants to sell and divide proceeds. Ben wants to keep the house. Carol is out of state and unresponsive.
- Alice may file the partition suit as the sole petitioner. Ben and Carol would usually be named as defendants so the court can resolve their rights.
- If Alice and Carol both want a sale, they can file together as co-petitioners and list Ben as a defendant.
Who else should be identified or joined in the petition?
To protect the court’s decree and to make sure the judgment clears title, you must identify and usually name all persons and entities with a recorded or known claim to the property. Typical parties to name or serve include:
- All record owners of title (individuals, couples, corporations, LLCs, trustees).
- If title lists a trust, the trustee (and possibly the trust beneficiary) should be identified.
- Personal representatives or administrators when an owner is deceased (or list the estate and its representative).
- Guardians or conservators for minors or incapacitated owners.
- Mortgagees, lienholders, judgment creditors, and tax authorities with recorded liens or claims.
- Parties in actual possession (tenants or squatters) and anyone asserting an adverse possession claim.
- Unknown heirs or unlocatable owners — typically described and served by publication under the court’s rules if their names or addresses are unknown.
Why correct and complete party listing matters
If you fail to name a real owner or a secured creditor, that person may later assert an interest that clouds title. A judgment that does not bind a necessary party may not fully clear title or may expose the petitioner to later litigation. Naming and serving all interested parties allows the court to divide property or order a sale and distribute proceeds cleanly.
Special situations
- Property held in a trust: name the trustee as a party. If beneficiaries hold equitable title, identify them or describe how they are represented.
- Decedent’s property: name the estate’s personal representative rather than the decedent. If an estate has no representative, the court may require notice to heirs or appoint a representative.
- Business entities: name the legal entity and its registered agent; include officers or managers if the entity’s control matters to the dispute.
- Minors or incapacitated owners: petition the court to appoint a guardian ad litem or otherwise protect their interests as required by court rules.
Procedure and service notes specific to North Dakota
North Dakota requires that parties who will be bound by the judgment receive proper notice and service according to state law and court rules. If some owners cannot be found, the court allows substituted service or service by publication in limited circumstances. For procedures and service rules, consult the North Dakota Century Code and the North Dakota Rules of Civil Procedure through the state resources listed below.
Official North Dakota resources: North Dakota Legislative website (statutes) — https://www.legis.nd.gov and North Dakota Supreme Court / court rules and forms — https://www.ndcourts.gov
Helpful Hints
- Start with a title search. Pull the deed history and recorded documents at the county recorder to identify all record owners, mortgages, liens, easements, and judgments.
- List as petitioners only the person(s) who actually bring the suit. List all others with an interest as defendants or interested parties so the court can bind them.
- If property is in a trust, name the trustee. If in a corporation or LLC, name the entity and registered agent.
- Address children, minors, or incapacitated owners by asking the court to appoint a guardian ad litem before finalizing a sale or division.
- Don’t forget lienholders: mortgagees may have priority to proceeds and must be notified and often joined.
- If owners are missing or unknown, explain your due diligence in the petition and be prepared to request service by publication under applicable North Dakota procedures.
- Consider whether co-owners want to join as petitioners. Joint petitioners can simplify the process when multiple owners agree on a sale or division.
- Work with a North Dakota attorney to draft pleadings and manage service lists. Proper party joinder avoids reopening litigation and helps clear title.
For statute text, filing requirements, and local form availability, review the North Dakota Century Code and the North Dakota court website above or consult a North Dakota attorney.
Final reminder: This article explains general principles. It is not legal advice. Names to include on an actual petition depend on the property’s title, recorded interests, and the specific facts. For help with a real partition matter in North Dakota, contact a licensed ND attorney.