Quick answer

If you co-own real estate in North Dakota and a co-owner refuses to cooperate in selling or transferring their share, you can file a partition action in state court. The court can order a physical division of the land when practicable, but more commonly it orders a sale and divides the proceeds. The court can also allow one co-owner to buy out the others by paying them their equitable share. Because deeds, survivorship language, mortgages, liens, and probate status affect the result, you should gather title paperwork and consider consulting a North Dakota attorney.

Detailed answer — step-by-step process under North Dakota law

1. Confirm who owns the property and how

Start by confirming the legal owners listed on the deed. Ownership as joint tenants with right of survivorship differs from ownership as tenants in common. Partition actions are generally available to tenants in common. If title shows joint tenancy with survivorship, the right of survivorship may mean the property passed automatically on a death and no partition by co-owner is available.

2. Try an out-of-court resolution first

Send a written proposal to the co-owner(s): propose a sale, a buyout price, or mediation. Courts often expect parties to try negotiation or mediation. A negotiated buyout can save time and litigation cost.

3. Prepare before filing

• Obtain a current title report or copy of the deed from the county recorder.
• Get a recent professional appraisal or a broker price opinion to estimate fair market value.
• Gather mortgage statements, tax bills, insurance info, leases (if the property is rented), and any written agreements among owners.

4. Filing a partition action in North Dakota state court

File a complaint for partition in the district court for the county where the property is located. The complaint typically:

• Names all current record owners and any parties with recorded interests (mortgage holders, judgment creditors).
• Describes the property and each owner’s claimed share.
• Requests partition in kind (division) or partition by sale, and asks the court for any necessary relief (appointment of commissioners, sale procedures, distribution of proceeds).

5. Service and response

All named parties must be served with the complaint. They then have an opportunity to respond. If someone claims an interest you did not know about, the court may expand the case to include them.

6. Court procedures and possible outcomes

The court considers whether physical division (partition in kind) is feasible without material prejudice to owners. If division would be impractical or would reduce value, the court usually orders a sale and divides net proceeds according to ownership shares after paying liens, costs, and taxes.

The court can appoint commissioners to divide or value the property and to conduct the sale. Sometimes the court allows one owner to buy out the others by paying their proportionate share (based on fair market value) and ordering transfer of title.

7. Accounting for liens, mortgages, and expenses

Mortgages, liens, taxes, and reasonable expenses (repairs, sale costs, attorney fees if awarded) are paid from sale proceeds before owners receive their shares. If a mortgage exists, the lender’s rights continue and will be addressed in the process.

8. Timeline and costs

Timelines vary. Uncontested matters can resolve in a few months. Contested cases with valuation disputes and appeals can take a year or longer. Costs include filing fees, service costs, appraisal fees, commissioner fees, possible auction costs, and attorneys’ fees. Courts may award attorneys’ fees in certain circumstances, but not automatically.

9. Special situations to watch for

• If the property belonged to your parents and one parent is deceased, check whether title passed via survivorship, will, or intestacy. If probate is open, ownership might be vested in an estate or in heirs; you may need to proceed through probate before partition.
• If a co-owner is a minor, incapacitated person, or deceased, the court will protect their interests and may require guardians or personal representatives be involved.
• Homestead or exemption laws can affect forced sales. If someone lives in the home and claims homestead protection, that claim will be considered by the court.

10. Where to find the relevant North Dakota law and forms

North Dakota statutes and code can be searched at the North Dakota Legislative Branch website: https://www.legis.nd.gov. North Dakota court self-help resources and general court information are available from the state courts website: https://www.ndcourts.gov/legal-resources/self-help. These sites will help you locate the statutory provisions and local court forms that apply to partition actions.

11. When a buyout is possible and how the court determines price

A buyout usually means one co-owner pays the other(s) their share of fair market value. The court relies on appraisals or evidence of value. You can offer a buyout before or during litigation. If the parties cannot agree, the court may set the price based on appraisal evidence and order the transfer after funds are paid or secured.

12. Practical tips for success

• Open communication. Offer a written buyout or put the property on the market with a clear plan for splitting proceeds.
• Get a written appraisal to support your valuation position.
• Document expenses you pay for the property — the court may consider reimbursement or setoffs in distribution.
• Consider mediation early. Judges appreciate attempts to resolve disputes without a contested trial.

Helpful Hints

• Confirm the deed at the county recorder to see exact ownership wording before doing anything else.
• Look for a recorded will, trust, or probate filings that change who owns the home.
• Get one or two professional appraisals — the court will weigh credible valuation evidence.
• Collect mortgage, tax, insurance, and maintenance records; these impact the net distribution after a sale.
• Consider a written buyout offer that includes a deadline; courts like evidence that you attempted negotiation.
• Ask a local attorney about whether North Dakota courts in your county commonly appoint commissioners or prefer auctions.
• If you need immediate protection (for example, to prevent a co-owner from removing property or damaging the house), ask an attorney about temporary orders or injunctions.