Detailed answer

Short summary: When co-owners cannot agree and a North Dakota court appoints a commissioner to handle a private sale of a co-owner’s share, the court-directed process gives the commissioner authority to value, market, negotiate, and propose a sale to the court. The court reviews the commissioner’s report, hears objections, and issues an order approving, modifying, or denying the sale. Proceeds, minus costs, are distributed according to the court’s decree.

How the process generally works under North Dakota law

Partition actions (suits to divide or sell property owned by two or more people) allow a court to divide property in kind or, when division is impractical, order a sale and distribute the proceeds. If owners disagree, the court may appoint a commissioner to handle the practical steps of selling the property or a co-owner’s share. The commissioner acts under the court’s direction and then reports back so the court can confirm or reject the sale.

Key steps you should expect:

Filing and service: One co-owner files a partition action in district court. All co-owners receive notice and an opportunity to respond.
Court determines relief: If the court finds physical division (partition in kind) impractical or unfair, it can order sale instead. The court may appoint a commissioner to sell the property or a co-owner’s undivided interest.
Commissioner appointment and scope: The court’s order defines the commissioner’s authority—whether to seek public auction bids, negotiate a private sale, accept or reject offers, secure appraisals, advertise, or sign sale documents subject to court approval.
Valuation and marketing: The commissioner typically arranges an appraisal or gets market information, advertises the property (if required by the order), and solicits offers. Co-owners often receive notice of proposed offers and the commissioner’s recommendation.
Report and confirmation hearing: The commissioner files a written report with the court describing the offer(s), price, and terms and requesting confirmation of the sale. The court schedules a hearing where co-owners may object.
Court review: The court considers whether the sale was done fairly, whether the price is reasonable, and whether the commissioner honored the court’s instructions. The court can confirm, reject, or conditionally approve the sale (for example, requiring additional advertising or a higher price).
Closing and distribution: After confirmation, the sale closes and proceeds go into the court registry or to the commissioner. The court deducts costs, taxes, commissions, liens, and any secured debts, then distributes the remainder to the co-owners according to their shares.
Right to appeal or contest: A co-owner who disagrees with the sale confirmation can object at the confirmation hearing and may have the right to appeal the court’s confirmation order under the North Dakota appellate rules. Timely objections and appeals preserve legal rights.

What you can and cannot do as a co-owner

As a co-owner you generally can:

Ask the court for partition in kind instead of sale (if a fair in-kind division is practical).
Request the court limit the commissioner’s authority or require certain procedures (appraisal, advertising, minimum price).
Object to a proposed private sale at the court’s confirmation hearing.
Make an offer or participate in the purchase yourself (buy-out your co-owner’s share).
Request appraisal evidence or additional marketing if you think the price is too low.

You generally cannot:

Unilaterally block the court-appointed commissioner’s actions once the court authorized them without a valid legal basis.
Force the commissioner to accept your private terms unless the court gave the commissioner that discretion.

Practical points and timing (what to expect in practice)

Timelines vary by county and the court’s schedule. Expect weeks to months for appraisal, marketing, and the confirmation hearing. If co-owners litigate objections, the process can stretch longer. After the court confirms a sale, closing usually follows in the standard real estate timeframe (30–60 days unless the court orders otherwise).

Where North Dakota law applies and where to read it

State law gives courts authority to order partition and appoint commissioners. For the statutory framework and procedural detail, consult the North Dakota Century Code provisions on partition and court-appointed commissioners. For an official source, see the North Dakota Century Code on partition (search or review the partition chapter and related civil procedure provisions at the North Dakota Legislative website): https://www.legis.nd.gov. For practical court processes and forms, see the North Dakota Courts website: https://www.ndcourts.gov.

Note: Statutory section numbers and local practice rules vary. If you need a specific citation for a particular step or deadline, an attorney can point you to the exact North Dakota statutes and local rules that control your case.

When you should get a lawyer

Consider hiring a real property or civil litigation attorney if:

You want to file or oppose a partition action.
You believe the property was undervalued or the commissioner breached instructions.
Complex liens, mortgages, or title issues exist.
You plan to bid to buy the property or need help negotiating or structuring a buy-out.

An attorney can: explain statutory deadlines, preserve your appeal rights, obtain independent appraisals, lodge formal objections, and represent your financial interests at the confirmation hearing.

Disclaimer: I am not a lawyer. This article explains general North Dakota procedures for educational purposes only and is not legal advice. Consult a licensed North Dakota attorney for advice about your specific situation.

Helpful Hints

Get documents together: deed, mortgage statements, tax bills, and any prior appraisals.
Ask the court or commissioner for a written appraisal or market analysis; challenge it if it looks low.
Attend the confirmation hearing and file timely written objections if you disagree.
Consider making a cash offer to buy the share yourself — courts often approve buy-outs that are fair and clean.
Track deadlines: missing a deadline to object or appeal can forfeit rights.
Keep communication professional and document offers, counteroffers, and marketing efforts in writing.
If you fear misconduct by the commissioner, seek court relief quickly (motion to compel, to limit authority, or to remove the commissioner).
Use the North Dakota Courts website for local forms and procedural guidance: https://www.ndcourts.gov.