What to give your lawyer to start a partition action in North Dakota

This FAQ-style guide explains the typical information and documents your lawyer will need to begin a partition lawsuit under North Dakota law. It assumes co-owners want a court to divide or sell real property when they cannot agree. This is educational material only and not legal advice.

Quick answer

To begin a partition action your lawyer will need clear identification of the property, proof of your ownership and the co-owners’ ownership interests, any agreements between owners, records of mortgages and liens, documents showing how the property is used and managed (leases, rents, taxes, insurance), and contact information for all interested parties. If an owner is deceased or under disability, bring death certificates, probate or guardianship papers, and any powers of attorney.

Detailed answer — what to gather and why it matters

1. Property identity and legal description

Recorded deed(s) that transferred the property to current owner(s). The deed contains the legal description; your lawyer uses that to prepare the complaint.
Most recent property tax statement or parcel number from the county assessor.
Survey, plat, or site plan if available. A survey speeds up any division-in-kind analysis and reduces boundary disputes.

2. Proof of ownership and each owner’s interest

Chain of title or copies of prior deeds showing how each co-owner acquired an interest.
Title insurance policy, title report, or abstract of title if you have it. This helps spot liens and title defects.

3. Mortgages, liens, judgments, and encumbrances

Mortgage statements, promissory notes, payoff statements, and recorded mechanic’s liens or judgment liens.
Tax lien notices, unpaid property tax bills, or special assessments.

4. Agreements and contracts among owners

Co-ownership agreements, operating agreements (if a company owns the property), buy-sell agreements, or written understandings about use, contributions, or management.
Any written settlement offers, mediation agreements, or previous court orders about the property.

5. Documents showing current use, income, and expenses

Current leases and tenant contact information. Provide rent roll and security deposit records.
Utility bills, maintenance invoices, homeowner association (HOA) statements, insurance policies, and property tax bills.
Records of repairs and capital improvements (contracts, paid invoices, cancelled checks). These can affect credits and division calculations.

6. Evidence of possession and occupancy

Documents or photographs showing who occupies which portion of the property, and for how long.
Records of rent collected or usage reimbursements paid by co-owners or third parties.

7. Identity and contact information for all parties

Full legal names, current mailing addresses, phone numbers, email addresses, and last-known addresses for every owner, lienholder, tenant, and other interested party.
If any owner is a business entity, provide formation documents, articles of organization/incorporation, and records showing who is authorized to act for that entity.

8. Special-status documents — deceased or incapacitated owners

Death certificate and probate or estate paperwork if an owner died.
Guardianship or conservatorship orders, or durable power of attorney documents if an owner is incapacitated or represented by an agent.

9. Litigation history and communications

Any prior pleadings, correspondence with co-owners about partition, settlement offers, demand letters, and mediation records.
Copies of any temporary restraining orders, injunctions, or notices of lis pendens affecting the property.

10. Financial documents for valuation and distribution

Recent appraisals, broker pricing opinions, or market analyses.
Income tax returns or K-1s that show income from the property, if relevant.

What your lawyer will do with this information

With these documents your lawyer can:

Draft and file the complaint for partition and properly describe the property and parties.
Identify and name lienholders and other necessary parties to the action.
Ask the court for interim relief (for example, an accounting of rents, an order preserving the property, or an order appointing a receiver if rents are at risk).
Analyze whether partition in kind (physical division) or partition by sale makes sense, provide valuation support, and estimate likely proceeds and costs.
Prepare and respond to discovery requests and manage settlement discussions or mediation.

How partition works in North Dakota (basic overview and statute reference)

North Dakota law allows co-owners to ask a court to partition real property when they cannot agree on possession, use, or disposition. The court may divide the property physically (partition in kind) when practicable, or order a sale and distribute proceeds among the owners after paying liens and costs. For statutory authority and procedural rules, see the North Dakota Century Code on conveyances and partition: North Dakota Century Code, Title 32 (Conveyances), and consult North Dakota court rules and local court forms at North Dakota Courts — Court Forms.

Practical considerations: timing, cost, and likely outcomes

Timing: Partition actions often take several months to over a year depending on discovery, valuation, and whether the case settles.
Cost: Expect court filing fees, service fees, title and lien searches, appraisal and survey costs, and attorney fees. Costs are typically paid from sale proceeds or allocated by the court.
Outcomes: The court may order partition in kind (rare for small or single-family plots), order a sale, permit one co-owner to buy out others, or approve settlement that allocates value differently.

Helpful hints

Start gathering deeds, mortgages, and tax bills now — these are the most important items.
Keep clear, dated records of communications with co-owners. Emails and texts can be critical evidence.
If the property generates rent, gather rent rolls and deposit records so your lawyer can seek an accounting if needed.
Obtain any available survey before filing if you believe physical division might be possible.
Notify your lawyer of any pending deadlines, lender notices or foreclosure threats immediately.
If an owner lives out of state or is hard to locate, let your lawyer know early — additional service procedures or publication may be necessary.
Be candid about disputes, improvements, and who paid for repairs; courts account for contributions in dividing proceeds.

Final note: This article explains typical documents and steps for a partition action in North Dakota. It is informational only and not legal advice. For guidance about your situation, consult a licensed North Dakota attorney who can review your documents and explain options under ND law.