Detailed answer — North Dakota overview

When someone inherits real property in North Dakota, that person usually becomes a co-owner (often a tenant in common) with other heirs unless the will or court orders otherwise. If one heir lives in the property and refuses to move out or to agree to sell their share, several legal remedies and practical options exist under North Dakota law.

Key legal concepts

• Tenancy in common: Absent a clear provision creating a different type of ownership, heirs own undivided interests in the property. Each owner has rights to possession and use, regardless of percentage owned.
• Partition: One co-owner can ask a court to divide the property physically (partition in kind) or to force a sale and distribute the proceeds (partition by sale). Partition actions address situations where co-owners cannot agree on what to do with the property.
• Eviction and possession: A co-owner generally cannot lawfully remove another co-owner by “self-help.” If the occupying heir is not a lawful tenant (for example, if the court orders removal), the proper route is an eviction or enforcement of a court order—not taking matters into your own hands.
• Probate administration: If the estate is still open, the personal representative (executor/administrator) may have powers under the probate process to manage or dispose of estate property. If title has already transferred to heirs, the probate court’s role is more limited.

Typical legal steps you can take in North Dakota

1. Confirm title and ownership. Order a title search or obtain copies of the probate documents. Confirm whether the heir has sole title, joint tenancy, or a tenancy in common.
2. Attempt negotiation and mediation. Offer a buyout, agree on a sale, or propose a written occupancy agreement (rent, utilities, maintenance). Courts often expect parties to try to resolve disputes before filing suit.
3. Demand a sale or buyout in writing. Send a formal letter setting out your request, proposed terms, and a deadline. Keep copies of all communications.
4. File a partition action. If negotiation fails, you can file a partition lawsuit in district court asking the court to divide the property or order its sale and distribute proceeds proportionally. Partition is a common remedy when co-owners cannot agree.
5. Enforce court orders and eviction. If the court orders a sale or orders the occupant to vacate, you may be able to obtain an eviction writ enforced by the sheriff if the occupant remains after the court’s direction.
6. Consider damages or accounting. You can seek an accounting for rents, profits, or expenses paid if the occupant improperly excluded other owners from their share of the property’s value.

Statutes and resources

North Dakota law provides procedures for probate, partition, and civil remedies. For general reference to the North Dakota Century Code and for the specific statutes and procedures that apply to partition, probate, and eviction, consult the North Dakota Century Code and the North Dakota court resources:

• North Dakota Century Code (search and browse) — start here to find statutory provisions on probate, partition, and civil procedure.
• North Dakota Courts (official site) — for forms, local rules, and self-help information about filing partition, probate, and eviction actions.

Because the precise statute citations depend on the exact claim you bring (partition, quiet title, eviction, accounting, or probate motions), an attorney can identify the specific NDCC sections and court rules that apply to your situation.

Practical example (hypothetical)

Suppose three siblings inherit a lake cabin in North Dakota. One sibling moves in and refuses to leave or sell. The other two siblings try to buy the occupant out, but the occupant refuses. The two siblings can:

• Hire an appraiser and present a buyout offer based on fair market value.
• If the buyout fails, file a partition action in district court asking for a sale of the cabin and a distribution of sale proceeds. The court may order a physical division if feasible. If not feasible, the court orders a sale and divides proceeds according to ownership shares.
• Ask the court for an accounting of rent or a contribution for expenses while the occupant lived at the property without other owners’ consent.

What to expect: timing, costs, and outcomes

Partition actions and related litigation take time and cost money. Expect months to a year or more depending on court schedules, appraisals, and whether appeals occur. Courts may order sale by private contract, auction, or judicial sale; proceeds are distributed after liens, mortgages, and costs are paid. You may recover some costs and possibly a share of rents, but litigation can reduce net proceeds compared with an agreed private sale.

Helpful Hints

• Get a title search early to confirm who legally owns the property and whether liens or mortgages exist.
• Obtain a professional appraisal before offering a buyout or listing the property for sale.
• Document all communications in writing. Keep receipts for expenses (taxes, utilities, repairs) you pay on the property.
• Try mediation before filing suit. Courts often look favorably on attempts to settle and mediation can be far cheaper than litigation.
• Don’t attempt a forced lockout or self-help eviction. Doing so can expose you to civil liability or criminal charges. Use court processes instead.
• Consider temporary agreements (paid occupancy, reimbursement for utilities) if you need time to resolve the dispute.
• Consult a North Dakota real estate or probate attorney early to evaluate options, identify the correct pleadings, and estimate likely costs and timeline.