Detailed Answer

When co-owners of real property in North Dakota cannot agree on dividing or selling the property, the ordinary remedy is a court action for partition. Under North Dakota law, a partition action asks the court either to divide the property physically among the owners (partition in kind) or to order a sale and divide the proceeds when division in kind is impracticable. The governing statutory framework is the North Dakota Century Code chapter on partition of real property (see the state statutes: N.D.C.C. Chapter 32-18).

Who may file

Any person who owns an undivided interest in the property — for example, a tenant in common — may file a complaint for partition. Typically the plaintiff is one or more co-owners. The plaintiff must join (name) all other persons who have an ownership interest in the property so the court can resolve everyone’s rights and allocate the property or proceeds.

Basic procedural steps under North Dakota law

1. Try resolving the dispute first. Courts expect parties to attempt agreement or mediation before litigation. A negotiated buyout or agreed sale avoids court expenses.
2. Prepare the complaint for partition. The complaint should identify the property by legal description, state each party’s interest, explain the disagreement, and request partition in kind or partition by sale. The complaint should ask the court to join all successors, lienholders, and other interested parties.
3. File the complaint in the proper county. The action is typically filed in the district court in the county where the property is located. The complaint becomes a public record and starts the formal process.
4. Service and joinder. Serve the complaint on all co-owners and any known lienholders. North Dakota rules on service and joinder require including anyone who claims an interest so the court can bind those parties.
5. Court investigation and preliminary orders. After pleadings and responses, the court may set hearings, order an appraisal, or appoint a referee/commissioner to inspect the property and recommend physical division or sale procedures.
6. Partition in kind or sale. The court prefers partition in kind (division) if it can be made without great prejudice to the owners. If division in kind is impracticable or would materially impair value or usefulness, the court may order sale and direct how the sale will be conducted.
7. Appointment of a commissioner or receiver. If necessary, the court can appoint a commissioner to make the division, oversee the sale, or carry out other tasks and report back to the court.
8. Sale mechanics and distribution. If the court orders sale, the sale proceeds are typically used to pay liens, costs, and any court-allowed expenses. Remaining proceeds are divided among co-owners according to their ownership interests, with possible adjustments for contributions, improvements, or agreed offsets.
9. Final decree and title transfer. The court enters a final decree confirming the division or sale and directing distribution. Title transfers follow the decree and any ordered sale.
10. Appeals and post-judgment issues. Parties have the right to appeal under normal procedures if they believe the court erred. The judgment also may include provisions for enforcement, collection of costs, or handling of outstanding liens.

Important practical points specific to North Dakota

• North Dakota statutes require partition in kind when practicable and permit sale only when division would be inequitable or impracticable. See the North Dakota partition statutes: N.D.C.C. Ch. 32-18 (Partition).
• The court can bind all owners and known claimants who are joined, preventing separate later claims related to the same property interest.
• Mortgages and liens generally attach to the property regardless of partition; the court will usually require payment of liens from sale proceeds or otherwise protect lienholders’ rights.
• Costs of partition — appraisal fees, commissioner fees, advertising the sale, and court costs — are normally paid out of sale proceeds or allocated by the court. The court may award costs to a prevailing party in appropriate circumstances.

Evidence and documents to gather before filing

Collect these items to support a partition complaint and to make settlement discussions productive:

• Recorded deed(s) and legal description of the property
• Title search or title commitment showing all owners and liens
• Mortgage or loan documents, tax statements, and evidence of expenses (repairs, taxes, insurance)
• Any written agreements among the owners about use, sale, or division of the property
• Recent appraisals or market data if available

Timing and expenses

Partition actions can take several months to over a year depending on complexity, number of parties, and whether an appraisal and sale are required. Litigation costs include filing fees, service fees, appraisal and commissioner fees, and attorney fees. Those costs are commonly deducted from sale proceeds or otherwise allocated by the court.

Helpful Hints

• Start with a conversation or mediation. A negotiated buyout or agreed sale typically saves time and money.
• Hire an attorney experienced with North Dakota partition practice early. An attorney can prepare the complaint, identify necessary parties, and advise on strategy.
• Perform a title search before filing to identify lienholders and potential claimants who must be joined.
• Consider whether a co-owner can buy the others out. Courts often permit buyouts as an alternative to sale.
• Document all contributions and improvements. The court may account for unequal contributions when distributing proceeds.
• Preserve the property. Prevent waste or unauthorized sales while the suit is pending; seek temporary orders if necessary to protect the asset.
• Be mindful of tax consequences. Sale proceeds or transfers can create tax liabilities—consult a tax advisor.
• Expect liens and mortgages to be paid or otherwise handled in the partition; a clear plan for lien resolution speeds the process.
• If parties live out of state or unknown heirs exist, service and joinder can be complicated—work with counsel to identify and serve them properly.