Detailed Answer — How to file a partition-for-sale action in North Dakota when some heirs refuse to sell

Short overview: If several people own real property together (as heirs or tenants in common) and one or more co-owners refuse to sell, North Dakota law allows an interested co-owner to ask a district court to divide the property (partition in kind) or, if division is impractical, order the property sold and the proceeds divided (partition by sale). This article explains the courtroom steps, what the court looks at, and practical options before and during the lawsuit.

What is a partition action?

A partition action is a civil lawsuit that asks the court to formally divide property owned by two or more people. When physical division (partition in kind) is not feasible or would be unfair, the court may order the property sold and the proceeds split among the owners according to their ownership shares. North Dakota’s statutes govern partition actions and how a court carries them out.

Statutes to review

North Dakota Century Code — Partition statutes: see Chapter 32-19 (Partition). For the statutory rules and procedure, start here: N.D.C.C. Ch. 32-19 (Partition).
North Dakota court rules and local district court procedures also apply to filing, service, and sale procedures. See: North Dakota Rules and Court Resources.

Who can bring a partition action?

Any co-owner of real property (including heirs who inherited an undivided interest) may file a partition action in the district court where the land is located. The plaintiff must name all other co-owners as defendants so the court can adjudicate title and divide interests fairly.

Typical court process (step-by-step)

Verify ownership and assemble documents: Get deeds, the probate file (if the land passed through probate), property tax records, surveys, mortgages, and any agreements among the heirs showing each person’s share.
Attempt negotiation or mediation: Courts encourage settlement. Offer a buy-out, propose a timed sale, or use mediation to avoid litigation costs.
Prepare and file the complaint: The complaint should identify the property by legal description, state each owner’s interest (as best you can), name all owners as defendants, and request partition in kind or, if not practicable, a partition by sale. Ask the court to appoint commissioners or referees to divide or appraise the property and to order sale if necessary.
File a lis pendens: After filing, record a lis pendens in the county land records to notify potential buyers that the property is subject to litigation.
Service on defendants: Serve all co-owners with the complaint and summons per North Dakota rules.
Court evaluation and appointment of commissioners: The court may appoint commissioners (or referees) to inspect the property, attempt to divide it, and report back. If partition in kind is possible without material prejudice to owners, the court may order division. If not, it will order sale.
Appraisal and sale: If the court orders sale, it will supervise the sale method (public auction or private sale under court order). The court typically requires fair market appraisal, publication or notice, and may set minimum bid terms.
Payment of liens, costs, and distribution: Sale proceeds pay mortgages, taxes, liens, court costs, and commissions. Remaining proceeds are distributed among owners by court order in proportion to their ownership shares (subject to adjustments for contributions, improvements, or offsets the court finds equitable).

Key issues the court considers

Whether partition in kind is practicable without materially prejudicing any owner (if a tract can be physically and fairly divided, court may prefer that).
Whether dividing the property would destroy its value (e.g., a single-family home or a single parcel used as a business), in which case the court usually orders sale.
Existing mortgages and liens: liens are paid out of sale proceeds in priority order.
Equitable adjustments: contribution claims (who paid mortgage/taxes/improvements) may affect final distribution.

Common timelines and what to expect

Timelines vary by county and case complexity. Simple partition cases can take several months; contested cases with appraisals, surveys, multiple hearings, or appeals often take a year or longer. Expect time for service, hearing on motions, commissioner reports, appraisal, sale steps, and final accounting before distribution.

Practical options before or during a partition suit

Offer a buy-out: obtain one or two appraisals and present a written buy-out offer to minority owners.
Sell the property cooperatively and split proceeds (often faster and cheaper).
Agree to a timed private sale (e.g., list with a real estate broker and share net proceeds), then ask the court to approve sale terms if needed.
Mediation: many counties or courts will refer cases to mediation to reduce litigation costs and delays.

Costs and who pays

Filing fees, service costs, appraisal fees, commissioner fees, publication costs, and attorney fees will reduce net proceeds. Courts may shift costs or award attorney fees in rare situations (for example, when one party has acted vexatiously), but typically each side pays its own attorney fees unless a statute or equitable reason directs otherwise.

Practical checklist — what to gather before you file

Current deed and chain of title showing all owners.
Probate documents (if property passed through probate) and death certificates (as proof of inheritance if needed).
Mortgage statements, tax bills, liens, and judgments affecting the property.
Recent appraisals or an estimate of market value.
Survey or plat if available (helps the court evaluate partition in kind).
Contact information for all co-owners (addresses, phone numbers).

When to consult an attorney

Talk with a North Dakota attorney experienced in real property and partition law if the ownership is unclear, liens exist, co-owners are located out of state, or heirs contest the division. An attorney can draft the complaint, handle service, negotiate buy-outs, coordinate appraisals and surveys, and represent you at hearings. If cost is a concern, ask whether the attorney will handle discrete tasks (document review, complaint drafting) for a limited fee.

Sample elements of a basic partition complaint

Your complaint will typically include:

Identification of plaintiff(s) and defendant(s) and their interests in the property;
Legal description of the land;
Statement that owners cannot agree on division or sale;
Request for partition in kind or, if impracticable, a sale and distribution of proceeds;
Request that the court appoint commissioners or a referee to divide or appraise and report.

Tax and other non-court considerations

Sale may have capital gains tax consequences. Consult a tax professional.
Consider whether a 1031 exchange is possible for investment property to defer taxes.
Update insurance coverage while the case is pending to avoid loss or liability issues.

Where to find forms and additional help

District court clerks in the county where the land sits can explain filing requirements. For statutory language and official rules, review the partition chapter of the North Dakota Century Code: N.D.C.C. Ch. 32-19 (Partition). For court procedure and local rules, see the North Dakota Courts website: North Dakota Court Rules and Resources.

Final takeaway

If minority siblings refuse to sell inherited land, you can file a partition action in North Dakota district court to force a division or sale. Try negotiation or mediation first to save time and expense. If litigation becomes necessary, prepare title and financial documents, expect the court to examine whether a partition in kind is feasible, and understand that a sale will be supervised by the court and net proceeds distributed after paying liens and costs.

Helpful Hints

Start by collecting deeds, probate files, mortgage statements, and any written agreements among heirs.
Get at least one independent appraisal before making a buy-out offer or asking the court to set sale terms.
Try mediation — it often saves money and preserves family relationships.
File a lis pendens when you file the complaint to protect the property from third-party transfers.
Expect the court to pay liens and mortgages from sale proceeds in priority order; confirm payoff amounts early.
Consider whether a co-owner can buy out the others; an agreed buyout avoids court costs and sale expenses.
If you do sue, name every known co-owner and any lienholders so the court can fully resolve title and distribution.
Keep property insured and maintain it during litigation to avoid claims for negligence or waste.

Disclaimer: This article explains general North Dakota law about partition actions. It does not provide legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed North Dakota attorney.