Disclaimer: This article provides general information on North Dakota law and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.

Detailed Answer

Under North Dakota law, NDCC § 32-17-01 permits any co-owner of real estate to seek a judicial partition when owners cannot agree on use or disposition of inherited property. However, co-owners often avoid court by negotiating a private settlement.

Negotiation can be faster and less expensive than litigation. Common approaches include:

Buy-out agreement: One sibling purchases the others’ interests at a mutually agreed price. You should obtain a professional appraisal to establish fair market value.
Property sale and division: Co-owners agree to list the entire property for sale and split net proceeds according to ownership shares.
Co-ownership management plan: Siblings draw up a formal agreement addressing use, maintenance costs, and eventual sale triggers.

If negotiations stall, consider mediation. A neutral mediator can help you reach terms without filing for partition. Mediation clauses can even be written into your agreement to ensure disputes get resolved privately in the future.

Should negotiations fail, any co-owner may file a partition action. Under NDCC § 32-17-02, the court may divide the land in kind or order its sale and divide proceeds. Courts typically charge filing fees and may appoint a referee to oversee sale preparations.

To protect your interests during negotiation:

Get a written, signed agreement.
Include clear buy-out formulas or sale procedures.
Record the agreement with the county recorder’s office to prevent future disputes.

Helpful Hints

Hire a licensed appraiser to set a reliable market value.
Draft a detailed buy-out or sale agreement with an attorney.
Consider mediation early to keep costs low.
Include dispute-resolution steps in any written agreement.
Keep communication open and document all offers and counteroffers.
Review your rights under NDCC Chapter 32-17 before negotiating.