Detailed answer — How a co-owner can get money instead of physical property

Short answer: In South Dakota, a co-owner who does not want a share of the physical property can either negotiate a buyout with the other owners or ask a court to order a partition by sale and distribute the sale proceeds. Courts can also award money to account for rents, profits, or contributions for improvements. The typical routes are (1) voluntary buyout, (2) judicial partition by sale, and (3) monetary adjustments through accounting in a partition action.

Key legal framework

Partition actions and remedies for co-owners are governed by South Dakota law. For the exact statutory language, see the South Dakota Codified Laws main portal: https://sdlegislature.gov/Statutes/Codified_Laws. Courts follow statutory procedures when a co-owner files a partition action and may order sale, division, or monetary distribution depending on whether the property can be divided fairly.

When a co-owner can get money instead of physical property

1) Voluntary buyout: Co-owners often negotiate a buyout where the owner(s) who want the property pay fair value to the withdrawing owner. Put the agreement in writing and record any deed changes.
2) Partition by sale: If co-owners cannot agree and the court finds the property cannot be fairly divided (partition in kind is impracticable), the court may order the property sold and divide net proceeds among owners in their ownership shares.
3) Accounting and offsets: During a partition action, a co-owner can seek credit for payments made for mortgages, taxes, utilities, repairs, and improvements. Courts allocate expenses, credits, and possibly award a money judgment to reflect unequal contributions or rents collected.

How the court determines whether to order sale or division

Courts prefer partition in kind (physically dividing land) when division is practical and equitable. If physical division would be impractical or would substantially reduce value, courts will order a sale and division of proceeds. The court may appoint appraisers or a commissioner to value the property and handle the sale.

How valuation and distribution work

Valuation: The court or parties will typically obtain appraisals to determine fair market value. Distribution: Sale proceeds go first to pay liens, taxes, sale costs, and court-ordered expenses. Remaining net proceeds get distributed to owners according to ownership shares, subject to any offsets for contributions or credits.

Typical judicial procedure

1. Filing: One co-owner files a complaint for partition in the appropriate circuit court.
2. Service: Other co-owners are served, and they can respond or assert counterclaims (for example, for accounting or offset for improvements).
3. Discovery and valuation: Parties exchange information and obtain appraisals. The court may order an accounting of rents, expenses, and contributions.
4. Hearing: The court decides whether to divide in kind or order sale.
5. Sale and distribution: If sale is ordered, the court supervises the sale process and then allocates net proceeds after liens and expenses.

Monetary awards other than sale proceeds

Even if the property remains, the court can order monetary adjustments. Examples include an award for:

• Rents or profits collected by one co-owner that belong in part to the others.
• Reimbursement for necessary repairs, taxes, or mortgage payments made by one co-owner for the benefit of all.
• Credit for improvements that increased the property value, where fairness requires an offset.

Practical options to pursue money rather than property

– Negotiate a written buyout agreement with a valuation method (appraisal, formula, or mediation).
– Use mediation or settlement conferences to avoid a contested trial.
– If negotiations fail, file a partition action asking for sale and monetary distribution.
– Request an accounting in the partition action to capture credits and offsets.

Relevant South Dakota resources

– South Dakota Codified Laws (search for partition and property statutes): https://sdlegislature.gov/Statutes/Codified_Laws
– South Dakota Unified Judicial System (court information and forms): https://ujs.sd.gov

What to expect: costs, timeline, and evidence

Costs and timeline

Costs vary. Negotiated buyouts are fastest and cheapest. A contested partition action typically takes months to over a year and involves filing fees, attorney fees, appraisal costs, and court costs. A court-ordered sale adds costs for appraisal, advertising, and a referee or commissioner, reducing net proceeds available for distribution.

Evidence you should gather

• Title documents and deeds showing ownership shares.
• Mortgage statements, tax statements, and lien information.
• Records of payments for taxes, mortgage, utilities, repairs, and improvements.
• Rents received and expense records if property was leased.
• Appraisals or estimates of value, if available.

When to talk to an attorney

Consider hiring an attorney if:

• Co-owners cannot reach agreement on buyout or sale.
• There are liens, mortgages, or title defects.
• One co-owner seeks reimbursement or claims unequal contributions.
• Complex valuations, partnership issues, or tax consequences exist.

An attorney can explain local court practice, prepare pleadings, protect your share, negotiate buyouts, and present evidence for credits or offsets.

Helpful Hints

• Start by requesting a clear accounting from your co-owners—many disputes settle after numbers appear.
• Obtain an independent appraisal before negotiating a buyout so you know fair market value.
• Put any buyout or settlement agreement in writing and record the deed transfer to protect title.
• Document all payments you made (taxes, mortgage, repairs) to support credits in court.
• Keep communication civil and consider mediation—courts often encourage settlement.
• Remember sale costs and attorney fees reduce the money you ultimately receive—factor those into any offer.
• Ask the court for interim relief if one co-owner is evicting or excluding others or wasting the property’s value.