Detailed Answer
Filing a partition action in
- Determine co-owners and their interests. Identify the names, addresses and ownership percentages of all relatives holding title. Under N.D. Cent. Code § 32-15-02, all co-owners must join the petition or be served notice.
- Prepare the petition. Draft a complaint for partition in the district court of the county where the land lies. Include:
- A legal description of the property.
- A statement of each party’s interest.
- A request for partition in kind (dividing the land) or sale and distribution of proceeds.
- File the complaint and pay fees. File the petition with the clerk of district court and pay the required filing fee. You will receive a summons to serve on each co-owner.
- Serve all co-owners. Under N.D. Rules of Civil Procedure Rule 4, you must personally serve each defendant or follow methods authorized by court order. File proof of service with the clerk.
- Appointment of commissioners. If the court orders a partition in kind, it will appoint three disinterested commissioners to survey and divide the property. See N.D. Cent. Code § 32-15-05.
- Commissioners’ report. The commissioners inspect, survey and report a proposed division or valuation to the court. Co-owners may file objections within the time set by the court.
- Court hearing and decree. After reviewing the report and any objections, the judge will enter a final partition decree or order sale. The decree directs how title transfers or how sale proceeds distribute to each owner based on their interest.
Disclaimer: This article provides general information on
Helpful Hints
- Gather all deeds and title documents before drafting your petition.
- Consider informal mediation to reach agreement and avoid court costs.
- Check local court rules for specific filing forms and fee schedules.
- Hire a licensed land surveyor if you anticipate an in-kind partition.
- Track deadlines for filing responses and objections to avoid default judgments.