Disclaimer: This article provides general information about partition actions under North Dakota law. It is not legal advice.
Detailed Answer
A partition action divides co-owned real property when owners cannot agree on use or sale. North Dakota law governs this process in Chapter 32-17 of the North Dakota Century Code (NDCC 32-17).
1. Draft and File the Petition
- Prepare a petition stating each owner’s name, interest share, and property description. See NDCC 32-17-04 for required contents.
- File the petition in the district court of the county where the property lies. Under NDCC 32-17-02, any co-owner may initiate this action.
- Pay the filing fee and any required deposit toward commissioner fees.
2. Serve and Notify Co-Owners
- Serve each co-owner with a summons and copy of the petition. Follow Rule 4 of the North Dakota Rules of Civil Procedure for service requirements.
- File proof of service with the court to proceed.
3. Appointment of Court-Appointed Commissioners
- After answer or default, the court appoints three impartial commissioners to partition or sell the property. See NDCC 32-17-11.
- Commissioners must take an oath and, if required, post bond per NDCC 32-17-12.
4. Commissioners’ Investigation and Report
- Inspect the property, hold hearings if requested, and assess values.
- Prepare and file a written report with the court recommending division in kind or by sale under NDCC 32-17-13.
5. Entry of Final Judgment
- The court reviews the report. It enters a judgment approving the division or sale and directs distribution of proceeds or titles.
Consenting to a Partition
- A co-owner may file a written consent at any stage before the court issues a final order. Consent can speed up the process and reduce costs.
- When all parties consent to a division plan, the court may dispense with commissioners and enter a judgment based on the agreed terms.
Helpful Hints
- Verify the legal description with a title or survey.
- Communicate early with co-owners to explore voluntary partition or buyout.
- Understand that partition by sale may yield lower net proceeds due to costs.
- Prepare to deposit estimated commissioner fees to avoid delays.
- Attend all hearings or authorize a representative to act on your behalf.
- Consult an attorney for guidance on complex title or zoning issues.
- Keep records of service, filings, and communications throughout the process.