Disclaimer

This article is for general information only and is not legal advice. It explains how partition lawsuits generally work under Minnesota law. For advice specific to your situation, consult a licensed Minnesota attorney.

Detailed answer — step-by-step guide to a partition lawsuit in Minnesota

Partition is a court process that lets co-owners of real property ask a Minnesota district court to physically divide property (partition in kind) or order its sale and divide the proceeds (partition by sale) when the owners cannot agree on use, sale, or division.

1. Who may bring a partition action?

Any person with a legal or equitable ownership interest in real property in Minnesota may file a partition action. That includes owners who hold title as tenants in common or joint tenants. Lienholders or other parties with an interest in the property may also be joined or will get notice.

2. Preliminary steps before filing

• Confirm the type of ownership and check title records (county recorder).
• Try negotiation: offer buyouts, ask for a partition agreement, or propose a sale and division of proceeds.
• Obtain an appraisal to establish present market value if you expect to request a sale or buyout.
• Consider mediation — courts often view settlement efforts favorably and mediation can save time and cost.
• Identify secured debts (mortgages, liens). A partition does not eliminate mortgage obligations; a sale will typically require paying liens from sale proceeds.

3. Filing the complaint

If negotiations fail, file a complaint for partition in the district court of the county where the property is located. The complaint should state who the parties are, describe the property, explain ownership interests, and ask the court to order partition in kind or sale and to resolve related issues such as contribution for debts, rents, and costs.

Minnesota law governs partition actions under Minnesota Statutes chapter 558. See Minn. Stat. § 558.01 and chapter overview: Minn. Stat. ch. 558 and Minn. Stat. § 558.01.

4. Service and responses

After filing, all co-owners and any other interested parties must be served with the complaint. Those defendants can answer, assert defenses, or file counterclaims (for example, disputing ownership shares or requesting accounting of rents and profits).

5. Interim relief the court can grant

During the case, a court may order temporary measures:

• Appointment of a receiver or manager to collect rents and protect the property.
• Orders dividing possession, preventing one owner from wasting or removing property, or requiring an accounting for rents, profits, taxes, insurance, and mortgage payments.

6. Division method: in kind or by sale

Courts prefer to divide property physically if it can be done fairly and without prejudice to any owner (partition in kind). If physical division is impractical, inequitable, or would significantly reduce value, the court will order a sale and divide the proceeds among co-owners according to their interests. The court decides which method after considering appraisals, surveys, and reports.

7. Court-appointed commissioners and sale process

The court commonly appoints commissioners or referees to inspect the property, prepare reports, value the property, and recommend whether partition in kind is feasible or a sale is necessary. If a sale is ordered, the court can order a public sale and direct how sale proceeds are distributed (after paying liens, costs, and any court-ordered credits).

8. Final decree and distribution

The court issues a final decree confirming the partition in kind or confirming the sale and distributing proceeds. The decree will address payment of secured claims (mortgages, liens), reimbursement for necessary expenses (taxes, repairs, commissions), and each party’s share.

9. Costs, timeline, and practical considerations

• Partition lawsuits can take several months to more than a year depending on complexity, disputes, and whether sale is needed.
• Costs include filing fees, service fees, appraisal and survey costs, attorney fees (if requested or allowed), and commissioner/receiver fees.
• Because partition actions can be expensive and irreversible, consider negotiation or buyout offers early.

Hypothetical example

Two siblings own a lakeshore lot as tenants in common. One sibling wants to sell; the other wants to keep it. After failed settlement talks and mediation, the sibling seeking sale files a partition complaint in the district court where the lot is located, attaches an appraisal, and asks the court to order a sale. The court appoints commissioners who confirm a sale is practical. The court orders a public sale, the mortgage and sale costs are paid from proceeds, and the net proceeds are split according to ownership shares.

Where to look in Minnesota law

Minnesota Statutes chapter 558 governs partition suits and related procedures. See the chapter here: https://www.revisor.mn.gov/statutes/cite/558 and the foundational provision at Minn. Stat. § 558.01.

Helpful Hints

• Before filing, get a current appraisal and a title search so you understand value and encumbrances.
• Try mediation or negotiated buyouts first; courts encourage settlement and this can save time and money.
• Document offers and communications in writing—court may review evidence of settlement efforts and proposals.
• Consider temporary relief requests in your complaint (receiver, accounting, injunction) to protect the property during the lawsuit.
• Know that mortgages follow the property: if the court orders sale, mortgage liens normally get paid from sale proceeds.
• If you plan to keep the property, be prepared to offer a fair buyout based on an appraisal and to contribute toward payoffs of liens and shared expenses.
• Consult a Minnesota real estate attorney early if ownership shares, title defects, or complicated liens exist.