Detailed Answer
Under South Dakota law, any co-owner or lienholder may seek or consent to a court-supervised division of real property by filing a partition action. The process follows Chapter 21-7 of the South Dakota Codified Laws:
- Establish your right to partition. Any person owning or claiming an interest in property may initiate partition (SDCL 21-7-1).
- Prepare and file the complaint. Draft a complaint stating the names of all known interest holders, a legal description of the property, the type and amount of each party’s interest, and a prayer for partition in kind or sale (SDCL 21-7-3).
- Serve all interested parties. Deliver the complaint and summons to each co-owner or lienholder under the South Dakota Rules of Civil Procedure on service (SDCL 15-6-4).
- Attend the initial hearing. The court reviews the pleadings, confirms proper service, and may grant consent if all parties agree.
- Appointment of commissioner. If the court orders a partition, it appoints a disinterested commissioner to inspect the property, determine whether division in kind is practical, or recommend a sale (SDCL 21-7-5).
- Commissioner’s report and partition or sale. The commissioner surveys and appraises the premises. If physical division is feasible, the commissioner allocates parcels. If not, the commissioner conducts a public sale.
- Confirmation and distribution. The commissioner files a written report. After court approval, the sale proceeds are distributed to parties in proportion to their interests. The court then issues a final decree.
Alternatively, parties may streamline the process by filing a joint petition consenting to the commissioner’s appointment, waiving formal service, and stipulating to terms of sale or division.
Helpful Hints
- Gather all deeds, mortgage documents, and title insurance policies early.
- Order a professional appraisal to establish fair market value before filing.
- Discuss voluntary buyouts or informal splits to avoid court costs.
- Budget for commissioner fees, survey costs, and filing fees.
- Consider mediation or dispute resolution to reduce litigation time.
- Keep deadlines for service, response, and report filings on your calendar.
- Consult a local attorney to confirm procedural requirements and monitor court dates.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific legal needs.