Detailed answer — What a partition action is and how it works in South Dakota

A partition action is a lawsuit brought by a co‑owner of real property to divide the property among the owners or to force its sale and divide the proceeds. If you inherited a home with siblings, or you own property jointly with your parents or siblings and cannot agree about continued ownership, a partition action is the usual court process to end the shared ownership.

In South Dakota, partition is handled in the state circuit court where the property is located. The general steps are:

1. Confirm ownership and ownership shares. Gather deeds, title documents, wills, trust documents, probate orders, and any other recordings that show who owns the property and in what shares (e.g., tenants in common vs. joint tenants). If title is held in a trust or the property is still in probate, you may need to address those matters first.
2. Try to resolve the dispute outside court. Courts expect co‑owners to try to work things out. Consider presenting a buyout offer, negotiated sale plan, or mediation. A written demand setting out a buyout price or offer to sell can be useful evidence of attempts to settle.
3. Prepare and file a partition complaint in circuit court. If negotiation fails, the next step is filing a civil complaint (often called a complaint for partition or partition and sale) in the circuit court in the county where the property lies. The complaint identifies the property, the petitioning co‑owner(s), all co‑owners and lienholders, and what relief is sought (partition in kind — physically dividing the property — or partition by sale). The court will require proper legal description of the property and proof of each party’s interest.
4. Serve all co‑owners and lienholders. All persons with an interest in the property must be served with the complaint so they can defend or assert claims. That includes mortgage holders, judgment lienholders, and others who have recorded interests.
5. Court procedures and preliminary hearings. The defendant co‑owners may respond with an answer or counterclaims. The court may hold preliminary hearings, may order discovery, and can appoint a referee, commissioner, or master to investigate title issues, perform an appraisal, or prepare a partition plan.
6. Partition in kind vs. sale. If the court determines the property can be fairly and practicably physically divided (partition in kind), it may divide the land among owners according to their shares. For a house on one lot, partition in kind is rarely practical, so the court commonly orders partition by sale. The court will then set terms for sale (public auction or private sale) and appoint someone to conduct the sale.
7. Buyouts and right of first refusal. South Dakota courts have discretion to effect an equitable outcome. A co‑owner may be allowed to purchase the other co‑owners’ shares at appraised fair market value rather than force a public sale. The court typically orders an appraisal or uses an appointed commissioner to determine value. If one co‑owner wishes to keep the property, they can offer to buy the others out; the court can require a deposit or security for that buyout and set deadlines. If a co‑owner does not pay the buyout amount, the property may be sold and proceeds distributed.
8. Sale, distribution of proceeds, and costs. After sale, the court directs distribution of sale proceeds: pay mortgages, liens, statutory costs, sale expenses, and then divide the remainder among the owners according to their interests. The court may also award costs or attorneys’ fees in some circumstances.
9. Final order and recording. The court enters a final judgment disposing of the partition and directing the clerk to record whatever title documents are necessary so buyers or remaining owners have marketable title.

Timeframe: A simple negotiated buyout could be completed in weeks to a few months. A contested partition action typically takes several months to a year or longer depending on litigation, discovery, appraisals, and scheduling.

Evidence and documents you will need

• Deeds and chain of title.
• Death certificates, probate or trust documents if ownership passed by will or trust.
• Mortgage and lien information (recorded notices, statements).
• Property tax records, insurance, and expense records (to support claims for contribution).
• Any written agreements among owners about use, maintenance, or buyout terms.

How costs and fees are handled

Filing fees, appraisal fees, fees for the commissioner or auctioneer, and attorney fees are typically paid from sale proceeds before distribution. In some cases the court may apportion costs among the parties based on fairness or prior agreements.

Statutes and state resources

South Dakota’s codified laws and the circuit court procedures govern partition actions. For access to the South Dakota codified laws and to look for statutes concerning partition and property actions, start at the South Dakota Legislature’s codified laws page: https://sdlegislature.gov/Statutes/Codified_Laws/Default.aspx. For circuit court filing information and forms, see the South Dakota Unified Judicial System: https://ujs.sd.gov. To find a licensed attorney in South Dakota, consult the State Bar of South Dakota: https://www.sdbar.org.

Helpful Hints — Practical tips to prepare and improve your chances

• Start by collecting title documents, deeds, and probate papers. Strong documentation speeds the case and reduces disputes.
• Make a written demand before suing. A formal buyout offer or demand to sell can lead to settlement and creates a paper trail.
• Obtain a professional appraisal early if you plan to seek a buyout or demonstrate value to the court.
• Consider mediation before filing. Courts often expect parties to try alternative dispute resolution first.
• Keep records of payments, property taxes, insurance, utilities, and improvements. You may be entitled to contribution from co‑owners for your outlays.
• If your sibling lives in the home, consider practical issues (tenant rights, occupancy, rental value) and notify the court; sometimes a resolving order will address who remains in possession and responsibility for expenses until sale or buyout.
• Ask the court about temporary relief—like requiring co‑owners to pay mortgage or maintain insurance—if the property is at risk while litigation proceeds.
• Work with an attorney experienced in South Dakota real property litigation. An attorney can prepare pleadings, conduct title searches, and negotiate buyouts or sale terms that protect your interests.
• Be realistic about costs: litigation is often more expensive than a negotiated buyout because of court costs, appraisals, and attorneys’ fees.

When to talk to an attorney

Contact a South Dakota real property attorney if you face any of the following: uncooperative co‑owners, competing claims to title, unresolved probate issues, mortgages or liens on the property, or if you want the court to order a buyout or partition. If you cannot afford an attorney, some counties offer limited legal assistance programs or low‑cost mediation services—check the Unified Judicial System or the State Bar of South Dakota for resources.