Can I force the sale of an inherited parcel when a family member refuses to list it?

Short answer: Yes — if you and the other owner(s) hold the property as co-owners (for example as tenants in common), you can generally ask a South Dakota circuit court to partition the property. If the court finds a fair physical division is impossible, it can order a sale and divide the net proceeds. Before filing, you should try negotiation, valuation, and buyout offers because court actions cost time and money.

Detailed answer — what to know and what to expect under South Dakota law

This is a general explanation for people who inherit property and face one co-owner who refuses to cooperate. It assumes you and the other person(s) each own an interest in the same parcel by inheritance (commonly a tenancy in common unless the deed or probate documents say otherwise).

1. Who has the right to force a sale?

Any co-owner of real property can usually start a partition action in the circuit court where the land is located. The court’s job is to resolve disputes over how the property is owned and used. If the court decides the property cannot be reasonably divided in kind (that is, split into separate, usable pieces), it commonly orders a sale and divides the proceeds among owners according to their ownership shares.

2. Practical first steps (before you file)

• Confirm ownership: get a copy of the deed or probate order that created title and note whether ownership is divided by percentage.
• Get a professional appraisal: an independent market value helps with buyout offers and gives the court a benchmark.
• Make a written buyout offer: propose a price and deadline. Offer to pay reasonable closing costs or appraisal fees to show good faith.
• Consider mediation: courts often favor parties trying to settle. Mediation can be faster and cheaper than litigation.
• Check mortgages, liens, taxes and insurance: outstanding debts affect proceeds and may complicate sale.

3. If negotiation fails — the partition lawsuit

Filing a partition action asks the circuit court to either divide the land physically (partition in kind) or sell it and split the proceeds (partition by sale). The typical steps are:

1. File the complaint in the county circuit court where the property lies (you’ll name all co-owners and interested parties).
2. Serve the other owners and any lienholders so they can respond.
3. The court may order an appraisal, hearing, and attempt at settlement or mediation.
4. If the court orders partition in kind, it supervises a legal division or boundary adjustment. If division isn’t practical, the court orders sale — often appointing a commissioner or referee to sell the property at public auction or by private sale under court supervision.
5. After sale, the court directs payment of mortgages, liens, taxes, sale costs, and attorney/commission fees, and divides the remaining proceeds among owners according to ownership shares (with possible credits for unequal contributions, improvements, or payments of debts).

4. Key evidence you will need

• Recorded deed(s) or probate documents showing each owner’s interest.
• Appraisal and market analysis.
• Records of property taxes, mortgage statements, liens and insurance payments.
• Evidence of any improvements one owner paid for (receipts, contracts) if you will ask the court to credit that owner on distribution.

5. How proceeds are divided and common disputes

Proceeds normally distribute by ownership share. Courts can make adjustments — for example, crediting an owner who paid the mortgage or made substantial improvements. Common disputes include the valuation, who pays sale costs, and whether a physical partition is practical. Expect the court to consider fairness and efficient use of the land.

6. Timeline and costs

Partition suits in South Dakota can take several months to over a year depending on complications (title defects, lien issues, contested appraisals, or appeals). Costs include filing fees, attorney fees, appraisal and commissioner fees, court costs, and sale expenses. Because costs reduce net proceeds, weigh litigation costs against possible outcomes.

7. Alternatives to a forced sale

• Buyout: one co-owner purchases the other’s share (use appraisal & escrow).
• Partition in kind: dividing the land physically if possible.
• Co-ownership agreement: set rules for use, rental, maintenance, and future sale.
• Sell voluntarily through a realtor if parties can agree on terms.

8. Where to get official information and file a partition action

For forms and court rules, check the South Dakota Unified Judicial System: https://ujs.sd.gov/. For text of state laws, statutes, and to research specific terms that might affect your case, see the South Dakota Legislature’s statutes pages: https://sdlegislature.gov/.

Helpful Hints

• Start with an appraisal so you can make a credible buyout offer.
• Put offers and communications in writing — emails and letters create evidence of good-faith attempts to settle.
• Consider mediation early; it often saves more money than a court battle.
• Keep records of payments you make for the property (mortgage, taxes, repairs); the court may award credits.
• If one owner lives on the property, discuss temporary arrangements for occupancy and payment of utilities/taxes pending resolution.
• Talk with a South Dakota attorney experienced in partition or real estate litigation before filing — an attorney can estimate costs, timeline, and likely outcomes specific to your county and facts.

Next steps: gather deed/probate documents, order an appraisal, try a documented buyout or mediation, and consult a local South Dakota attorney if the other owner refuses to cooperate.

Disclaimer: This article explains general principles and common procedures under South Dakota law for educational purposes only. It is not legal advice. You should consult a licensed attorney in South Dakota about your specific situation.