Forcing the Sale of a Co-Owned House in North Dakota: What to Know

Detailed Answer

This answer explains how a co-owner may force the sale of real property owned with others under North Dakota law. It assumes the reader has little or no legal background. This is a general overview; it is not legal advice.

1. What is a partition action?

A partition action is a civil lawsuit filed in district court asking the court to divide or sell real property that two or more people own together. Courts prefer to divide land physically (partition in kind) when that division is practical and fair. When physical division is not reasonable—because the property can’t be divided without injury to its value—the court can order a sale and distribute the sale proceeds among the owners.

North Dakota law provides the framework for partition cases through its statutes and the district courts. For general North Dakota code search and text, see the North Dakota Century Code: https://www.legis.nd.gov/cencode. For court procedures and self-help resources, see the North Dakota Courts site: https://www.ndcourts.gov/legal-resources.

2. Who can bring a partition action?

Generally any person who holds a legal interest in the property (for example, a tenant in common or joint tenant) may bring a partition action. If title shows multiple owners, a co-owner may ask the court to partition the property, even when the other co-owners object.

3. Typical steps in the process

1. Try negotiation first. Courts favor settlement. Offer to buy out other owners, sell on the open market and split proceeds, or use mediation. A written demand that requests sale or buyout can help later in court.
2. File the partition complaint. If negotiation fails, file a complaint in the appropriate North Dakota district court asking for partition (division) or sale. The complaint must identify the property, the owners, and the relief requested.
3. Serve the other co-owners and interested parties. All co-owners and holders of recorded liens (mortgages, judgments) must be notified and given an opportunity to respond.
4. Court investigation and possible appointment of commissioner. The court may order a survey or appraisals and may appoint a commissioner or referee to manage sale or division of the property.
5. Partition in kind or sale. If the property can reasonably be divided, the court may order a partition in kind. If not, the court may order a sale—often by public auction or sealed bids—and will direct how sale proceeds are distributed.
6. Distribution of proceeds. Sale proceeds are used to pay liens, costs of sale, court costs, and then distributed among owners according to their ownership interests. The court will enter a final judgment and decree directing distribution and transfer of title.

4. Practical and legal considerations

• Type of ownership matters. A tenant in common has a divisible interest that is commonly partitioned. Joint tenancy may involve right-of-survivorship concerns; if one owner dies, that interest may pass to survivors. Nevertheless, courts can address partition rights of living co-owners.
• Mortgages and liens. Liens (including mortgages) remain attached to the property. Proceeds from any court-ordered sale typically satisfy liens in priority order before remaining funds are distributed to owners.
• Costs and timeline. Partition actions take time and involve filing fees, service costs, possible appraisal and survey fees, commissioner/receiver fees, and attorneys’ fees if you hire a lawyer. The timeline depends on court schedules, disputes among owners, and whether an appeal is filed.
• Court discretion. The court has discretion on whether to divide the property or order sale. The court’s primary goal is fair division without prejudicing owners.
• Possibility of buyout. Before or during litigation, an owner can often buy out others at an agreed price (possibly using appraisals to set value) and avoid sale costs and delay.

5. What documents and information to prepare

Collect these items before you meet a lawyer or file a complaint:

• Deed(s) showing current ownership and ownership shares (if stated)
• Title report or current abstract if available
• Mortgage and lien records
• Property tax statements
• Any written agreements among owners (co-ownership agreements, buy-sell agreements)
• Evidence of contributions to mortgage, taxes, maintenance (receipts, bank records)

6. Alternatives to court-ordered sale

• Agreement to sell on the open market and split proceeds.
• One owner buys out the others.
• Mediation to resolve disputes and reach a buyout or sale plan.
• Partition by agreement without litigation—often faster and cheaper.

7. Where to find the law in North Dakota

North Dakota’s statutes and district court rules govern partition procedures and remedies. You can search the North Dakota Century Code for chapters regarding actions affecting real property and partition procedures here: https://www.legis.nd.gov/cencode. For practical court forms and self-help resources, check the North Dakota Courts website: https://www.ndcourts.gov/legal-resources. If you plan to file suit, look for local district court filing requirements and forms on the appropriate county/district court page of the North Dakota Courts site.

8. When to hire a lawyer

Consider hiring an attorney if:

• Co-owners actively refuse negotiation or obstruct sale efforts.
• There are complex title issues, multiple liens, or disputes over ownership shares.
• The property has high value or significant tax or mortgage obligations.
• You need advice on how to present costs, credits for contributions, or whether partition is likely to be the best path.

An attorney can prepare the complaint, handle service, manage litigation, and help protect your share of proceeds. If cost is a concern, ask about limited-scope representation or negotiation-only help.

9. Example (hypothetical)

Suppose three siblings own a vacation house as tenants in common. Two want to sell; one refuses. The two can try mediation or offer to buy the third out. If that fails, one of the two can file a partition action in district court. The court will evaluate whether the property can be fairly split. If not, the court will order a sale and distribute proceeds, subtracting the mortgage balance and sale costs.

Helpful Hints

• Document all attempts to negotiate in writing—courts like to see efforts to avoid litigation.
• Get a current title report early to identify mortgages and other claims.
• Obtain at least one independent appraisal so you have a reliable market value baseline.
• Consider mediation before filing; it can save time and money and preserve relationships.
• Keep records of payments you made toward mortgage, taxes, or improvements—these may affect distribution.
• Ask the court clerk or consult local court websites for filing fees and procedure for partition actions in your district.
• If facing a foreclosure or urgent creditor action, move quickly—timing can affect your rights.

Important: This article explains general principles under North Dakota law but is not legal advice. Laws change, and each situation has unique facts. Consult a licensed North Dakota attorney to get advice tailored to your circumstances.