Quick answer

If you and your sibling co-own your parents’ house and you cannot agree on ownership use or disposition, you can file a partition action in Minnesota district court asking the court either to divide the property physically (partition in kind) or to force a sale and split the proceeds. If a physical division is not practical, the court will order a sale or appoint a referee to sell the property. If you want your sibling to buy you out, you typically must make a formal offer or ask the court to allow a buyout; if they refuse, the court can order a sale and divide net proceeds according to ownership shares.

Detailed answer — step‑by‑step under Minnesota law

1. Confirm how title is held

Start by checking the deed. The legal rights and remedies depend on whether the property is held as joint tenants (with right of survivorship) or as tenants in common. Tenants in common each own an identifiable share that can be partitioned. Joint tenancy can be severed, which may convert it into tenants in common before or during litigation.

2. Try to resolve the dispute first

Court processes take time and money. Attempt negotiation, mediation, or a written buyout proposal. If you can document a reasonable buyout offer, courts often consider those efforts favorably and may encourage settlement rather than sale.

3. Prepare and file a partition complaint in district court

File a civil action (a complaint for partition) in the Minnesota district court where the property lies. The complaint should name all co‑owners and describe the property and each party’s claimed interest.

4. Serve the other parties

Serve the complaint and summons on every co‑owner and any person who claims an interest (mortgage holders, lienholders, heirs, etc.). The court cannot proceed until proper service occurs.

5. Court investigation and possible appointed referee

Under Minnesota’s partition statutes (see Minn. Stat. ch. 558), the court will determine whether a partition in kind is practical. If physical division is impractical, the court may order sale. The court commonly appoints a referee (or commissioner) to value the property, handle notices, and conduct the sale.

6. Buyout offers and valuation

If you want a sibling to buy your share, present a clear written appraisal or valuation and make an express buyout demand. The court may allow a buyout if a co‑owner agrees to purchase the others’ interests at a court‑approved price. If a co‑owner refuses, the court can order a public sale and split net proceeds according to ownership shares after paying liens and sale costs.

7. Sale, distribution of proceeds, and lien holders

On sale, sale costs (commission, referee fees, advertising, taxes, mortgages, and liens) are paid first. Net proceeds divide between owners by their legal shares. The court’s order and referee’s report set the final distribution.

8. Timeline and costs

Partition actions often take several months to over a year depending on court schedules, complexity of title issues, and whether a sale is contested. Costs include filing fees, service fees, appraisal and referee costs, attorney fees, and sale commissions. Courts may allocate attorneys’ fees between parties in some circumstances.

9. Key Minnesota statutory reference

Minnesota’s partition law is codified in Chapter 558 of the Minnesota Statutes. For the statutory text and sections on partition practice, see: Minn. Stat. ch. 558 (Partition). Review the chapter for specific procedural rules and the court’s powers in partition cases.

Common practical pathways you may pursue

• Negotiate a buyout: Agree on price and document the sale and deed transfer.
• Partition in kind: Ask the court to divide land if practical (rare for single-family homes on a single lot).
• Partition by sale: Ask the court to sell the property and divide net proceeds.
• Referee sale: Court appoints a referee to appraise and manage the sale process.

Helpful Hints

• Collect documents before you file: deed(s), mortgage statements, recent property tax bills, homeowners insurance info, and any written agreements about ownership.
• Confirm ownership shares: If the deed does not specify percentages, courts often assume equal shares among tenants in common.
• Get an appraisal: A neutral appraisal supports a fair buyout price or sale reserve price.
• Consider mediation: Courts and parties often prefer mediation to preserve family relationships and reduce costs.
• Watch for liens and mortgages: Outstanding loans or tax liens will be paid from sale proceeds before distribution to owners.
• Estimate tax consequences: A sale or buyout can trigger capital gains taxes. Consult a tax advisor about basis and timing.
• Be realistic about in‑kind partition: Dividing a single-family lot into separate parcels is often impractical; courts usually order sale instead.
• Expect costs and delays: Budget for attorney fees, referee fees, sale commissions, and at least several months of process time.
• Document offers: Send written buyout offers and keep proof of delivery—courts look at negotiation attempts when deciding equitable relief.
• Talk to a Minnesota real estate or civil litigation attorney early: They can explain strategy and help draft the complaint or a buyout agreement.

What to expect at court and next steps

The court will focus on fairness: resolving title, protecting lienholders, ensuring proper notice, and getting a marketable sale if ordered. If you decide to file, consider whether you want the court to prioritize a buyout option, a referee sale, or other relief. Your attorney can prepare pleadings, handle service, and represent you at hearings.