Detailed answer — what your legal options look like under Minnesota law
If more than one person inherits real property in Minnesota, the co-owners typically hold the property as tenants in common unless the will or deed says otherwise. A co-owner who lives in the property has an ownership interest, but that interest does not give them the right to permanently exclude the other owners or defeat your financial interest. You have several legal remedies, and the most commonly used is a court-ordered partition or sale.
1. Partition actions (court-ordered division or sale)
Under Minnesota law, any co-owner may start a partition action asking the district court to divide the land physically (a partition in kind) or, if division is impractical, to order the property sold and the proceeds divided among the owners. The governing statutes are in Minnesota’s partition chapter. See Minn. Stat. ch. 558 (partition of real property) and the opening provision at Minn. Stat. § 558.01.
The court looks at whether a fair physical division is possible. If it is not (for example, the home sits on one small lot), the court usually orders a public sale. After sale, the court allocates sale costs, liens, and taxes, then divides net proceeds among the owners according to their ownership shares.
2. If the occupant is not an owner (tenant, licensee, or trespasser)
If the person living in the house is not an heir or owner (for example, a tenant or a trespasser), you can use eviction/forcible-entry procedures to regain possession. You must use the legal process; self-help eviction (changing locks, removing possessions) can create legal liability. If you are administering the decedent’s estate, the personal representative also has powers and duties over estate property under Minnesota probate law while the estate is open. See Minn. Stat. ch. 524 (probate) for general probate authority.
3. Accounting for use and occupancy; rent and expenses
A co-owner who exclusively occupies the property may be required to account to the other owners for the reasonable rental value (often called “use and occupancy”) for the period of exclusive possession. The court can order offsets for mortgage payments, taxes, and necessary repairs the occupying owner paid. Courts treat these as part of the equitable division in a partition or separate accounting, depending on the request.
4. Other court remedies
When a co-owner refuses to cooperate and threatens to waste the property (removing fixtures, making destructive changes) or is otherwise acting improperly, you can ask the court for interim relief: an injunction to prevent waste, appointment of a receiver to manage and preserve the property, or temporary orders about possession, repairs, and insurance. These remedies protect the estate’s value while the dispute proceeds.
5. Negotiation, buyout, and mediation
Litigation is not the only path. You can try to negotiate a buyout where you or other heirs pay the occupying heir for their share. Mediation and neutral valuation can reach a faster, cheaper settlement than court. Try to document offers and keep communications civil — courts favor parties who attempt good-faith resolution.
Practical notes on timing and cost
Partition actions and other related court proceedings often take several months to over a year, depending on complexity, whether property sale is needed, and court schedules. Expect court costs, attorney fees, appraisal fees, and sale expenses. A negotiated buyout or mediated resolution often reduces time and cost but requires a willing counterparty.
How the process typically works: step-by-step
- Confirm ownership. Get copies of the will, deed, and any probate filings to confirm who holds title.
- Communicate and document. Send a written demand asking the occupant to move, accept a buyout, or permit a valuation and sale. Keep copies.
- Try negotiation or mediation. Offer a buyout or a plan for shared occupancy or rental income distribution.
- If negotiation fails, file a partition action in the district court where the property lies (see Minn. Stat. ch. 558).
- The court decides whether to divide the property or order a sale. If sold, proceeds get distributed after liens and costs.
- If the occupant is a non-owner, pursue eviction/forcible-entry procedures or have the personal representative enforce estate rights under probate law (Minn. Stat. ch. 524).
Helpful hints
- Don’t use self-help (locks, removal of belongings, threats). Illegal self-help can create civil or criminal exposure.
- Document everything: ownership records, communications, expenses paid, repairs, and any damage.
- Get a professional appraisal early so you have a credible value for buyout or partition discussions.
- Consider requesting interim relief if the occupant is damaging the property or removing fixtures.
- Ask the court for an accounting of use and occupancy if the occupant is taking the benefit of exclusive possession.
- Explore mediation — judges often encourage it and it can save significant time and money.
- If the estate is open, speak with the personal representative. They have duties to preserve estate property and may be able to act.
- Consult a Minnesota real property or probate attorney early to understand court costs, likely timeline, and a practical case plan.
When to get legal help
If the other heir refuses to cooperate, refuses reasonable buyout offers, or is damaging the property, consult a lawyer experienced in Minnesota partition and probate law. An attorney can evaluate whether a partition action, eviction, receiver appointment, or another remedy best fits the facts and can prepare filings and interim motions to protect the property’s value.
Short checklist: what to bring to a first attorney meeting
- Copy of the deed and any will or probate filings.
- List of all heirs or known owners and their contact information.
- Photos or documentation of the occupant’s use of the property and any damage.
- Receipts for mortgage, taxes, insurance, or repairs paid by any party.
- Any written communications about moving, buyouts, or rental arrangements.
Disclaimer
This article explains general Minnesota law and common legal steps for disputes about inherited property. It is educational only and not legal advice. You should consult a qualified Minnesota attorney who can apply the law to your specific facts and represent you in court if needed.