Detailed answer

This article explains, in plain language, how a co-owner may ask a North Dakota court to force a sale of real property when a co-owner refuses to continue mediation or otherwise refuses to cooperate. This is an educational overview only and not legal advice.

Legal basis under North Dakota law

North Dakota allows a co-owner of real property to bring a partition action in district court when co‑owners cannot agree on the use, division, or disposition of the property. The court can order a division of the land (“partition in kind”) or a sale of the land and distribution of proceeds (“partition by sale”) when division in kind is impracticable. For the statutory framework governing partition actions, see North Dakota Century Code, Chapter 32-19 (Partition) at https://www.legis.nd.gov/cencode/t32c19.pdf.

Typical steps to compel a sale

1. Collect documents and evidence: Gather the deed/title, mortgage and lien records, tax bills, insurance information, recent appraisals or market analyses, and any written communications about attempts to resolve the dispute (emails, mediation notes, settlement offers).
2. Make a final written demand: Send a clear, dated demand to the co-owner proposing remedies (sale, buyout price, or other division) and indicate you will file a partition action if you cannot resolve the matter. A demand letter can help show you attempted resolution before litigation.
3. File a partition complaint in district court: If talks fail, file a complaint asking the court to partition the property. The complaint must identify all owners, list known liens, and state the relief sought (partition in kind or partition by sale).
4. Request temporary relief if needed: Ask the court for a temporary injunction to prevent waste (e.g., demolition, unauthorized rentals, unauthorized removal of fixtures) or to preserve the property’s value during litigation.
5. Court considers whether division in kind is feasible: The judge will evaluate whether the land can be fairly divided without substantially reducing value or causing practical difficulties (e.g., an urban lot cannot be cut into two functional parcels). If division in kind is impracticable, the court may order sale.
6. Sale procedure: If the court orders sale, it usually appoints a commissioner, referee, or special master to arrange the sale (public auction or private sale under court supervision). Proceeds are held and distributed according to ownership shares after payment of liens, taxes, costs, and sale expenses.

What courts typically consider before ordering sale

• Whether the property can be divided without unfairness or significant loss of value.
• Number and size of interests and whether physical division is practical.
• Existing liens, mortgages, or other encumbrances that affect distribution.
• Conduct of co-owners (but refusal to mediate alone usually does not prevent a partition action).
• Potential for prejudice to any party if sale is ordered versus partition in kind.

How proceeds and costs are handled

When a sale occurs, proceeds first pay mortgages, liens, property taxes, court-ordered costs, and sale expenses (commission, advertising, fees). Remaining funds are divided among owners according to their ownership shares or as the court orders. Courts can order accounting for rents, profits, or expenses the parties incurred during co-ownership.

Timing and likely outcomes

Partition cases can take several months to over a year depending on complexity, lien resolution, appraisal disputes, and court schedules. The court may encourage settlement at any stage, but if one owner remains uncooperative, the court has the power to proceed to sale.

Practical considerations and limitations

Important practical notes:

• Partition actions resolve title and possession, but courts rarely award attorney fees unless a statute or contract allows it or exceptional conduct justifies fees.
• If one co-owner is the mortgage holder or has a lien, that lien must be satisfied first.
• Bankruptcy by any party can pause or complicate a partition action.
• Some disputes are best resolved by negotiation—for example, a buyout may be faster and cheaper than litigation.

Helpful hints

• Document all settlement efforts and mediation sessions; courts value evidence of good-faith attempts to resolve disputes.
• Obtain a current title report and identify liens before filing; unresolved liens often determine the sale process and priorities.
• Get one or more market valuations or appraisals early so you can propose realistic buyout figures or settlement options.
• Consider mediation or neutral appraisal as early steps — they often lower cost and time even if not required.
• Ask the court for temporary orders to prevent waste or unauthorized conveyances if the co-owner threatens harm to the property’s value.
• Be prepared to pay court costs and share sale expenses; budget for appraisal, commissioner fees, advertising, and closing costs.
• Talk to an attorney experienced in North Dakota partition law to prepare pleadings, protect your rights, and estimate likely costs and timelines.

Where to read the statute

North Dakota’s partition provisions are in the North Dakota Century Code, Title 32 (Property), Chapter 32-19. You can read the chapter here: https://www.legis.nd.gov/cencode/t32c19.pdf.