Short answer

Yes — in Minnesota a co‑owner can generally force a sale by filing a partition action in district court. The court will try to divide the property physically (partition in kind). If dividing the land fairly is impractical or would cause harm to the property’s value, the court can order a sale and divide the proceeds among the owners according to their ownership shares. The process involves court filings, possible appraisals, and costs; outcomes depend on title type, mortgages or liens, and special protections (for example, certain homestead or statutory rights may affect the timing and procedures).

Detailed answer — how forced sale (partition) works in Minnesota

1. Who can force a sale?

Any person who owns an undivided interest in real property (for example, tenants in common, or a co‑owner whose joint tenancy has been severed) may bring a partition action in Minnesota district court to divide the property or force its sale. The action is governed by Minnesota’s partition statutes. See Minnesota’s partition statute chapter for details: Minn. Stat. ch. 558.

2. Partition in kind vs. partition by sale

The court prefers to divide property physically (partition in kind) when it can fairly allocate distinct portions to each owner. If the court determines that dividing the property would be impractical, would greatly reduce its market value, or cannot fairly give each owner their share, the court can order a partition by sale. A partition by sale typically results in a public or private sale with proceeds distributed to owners according to their ownership interests, after paying mortgages, liens, costs, and court‑ordered adjustments.

3. Practical steps in a partition action

1. File a partition complaint in the district court in the county where the property sits. The complaint names all owners and interested parties (mortgage lenders, tenants, lienholders).
2. The court issues notices and may appoint a commissioner or referee to survey, appraise, and recommend whether to divide or sell the property.
3. If the court orders sale, the commissioner conducts the sale (often by public auction or real estate sale under court supervision) and reports results to the court.
4. The court approves sale terms, pays debts/costs, and distributes net proceeds according to ownership shares. The court can also account for contributions (mortgage payments, improvements) that affect distributions.

4. Ownership type matters

How you hold title matters. Tenancy in common (each owner has a distinct fractional interest) is the most common form that leads to partition rights. Joint tenancy includes a right of survivorship and may complicate matters if not properly severed, but courts generally still allow partition actions if co‑owners disagree about disposition. Review your deed and title to confirm ownership type.

5. Lenders, mortgages, liens, and encumbrances

Mortgages and liens remain attached to the property. In a partition sale, sale proceeds first satisfy mortgage liens, tax liens, and costs before distribution. A lender may have rights to protect its collateral and may intervene in the case. If the outstanding debt exceeds sale proceeds, distribution and deficiency responsibilities depend on loan documents and court orders.

6. Costs, timing, and practical realities

Partition actions take time and money. Expect court fees, appraisal costs, possible expert testimony, commissioner fees, and attorney fees. Courts sometimes award attorney fees in particular circumstances, but recovering fees is not guaranteed. Weigh the likely net proceeds after sale costs against the time and expense of litigation.

7. Limits and exceptions

Certain statutory protections (for example, some homestead, family, or bankruptcy protections) can affect how quickly a sale can proceed or whether a forced sale is appropriate. These protections depend on the facts and may delay or alter the outcome.

8. Where the rules are written

The statutory framework for partition in Minnesota appears in the Minnesota Statutes, chapter addressing partition actions. Start with the chapter here: Minn. Stat. ch. 558. For county‑level practice and forms, check the district court rules of the county where the property is located and the Minnesota Judicial Branch website.

Hypothetical example (simple)

Three siblings own a lake cabin as tenants in common: A owns 50%, B owns 25%, and C owns 25%. A and B want to sell; C refuses. A files a partition action in the district court where the cabin is located. The court appoints a commissioner, who determines the cabin cannot be divided fairly without reducing value. The court orders a sale. After paying the mortgage, taxes, sale costs, and the commissioner’s fees, the court distributes the net proceeds 50% to A, 25% to B, and 25% to C, adjusting for any agreed credits (for example, if B paid most of the mortgage and the court credits that payment). This example illustrates the typical mechanics but not every possible legal nuance.

Alternatives to a court‑ordered sale

• Buyout: Offer to purchase the reluctant co‑owner’s share at fair market value (use an appraisal).
• Mediation: Use a neutral mediator to reach a compromise on price, timeline, or buyout terms.
• Partition by agreement: Co‑owners may agree to sell and split proceeds, avoiding litigation costs.
• Refinance or pay off mortgage: If debt causes reluctance to sell, parties might refinance or otherwise resolve the loan to facilitate an agreed sale or buyout.

Helpful Hints

• Confirm ownership: Get a copy of the deed and title report to see how the property is titled.
• Collect documents: Mortgage statements, tax bills, insurance policies, and records of payments or improvements will matter to the court.
• Get an appraisal: A neutral appraisal gives a baseline value and strengthens negotiations or court filings.
• Offer a buyout first: A written buyout offer or mediation may be quicker and cheaper than litigation.
• Consider tax consequences: Sale or buyout can trigger capital gains; get tax guidance before finalizing sale terms.
• Prepare for costs and time: Partition suits can take months to over a year depending on complexity and court backlog.
• Check liens and mortgages: Know what debts are secured against the property and how they will be paid from sale proceeds.
• Talk to an attorney early: A real estate or civil litigation attorney can explain local court procedures and likely outcomes for your facts.