Quick answer

If you own an undivided interest in family land in South Dakota and co-owners will not agree to divide or buy you out, you can ask a South Dakota circuit court to order a partition. A partition action can result in a physical division of the land (partition in kind) or, if division is impractical, a forced sale with division of the proceeds. You start by filing a complaint for partition in the circuit court in the county where the property is located. The court will notify all interested parties, may appoint commissioners to divide or sell the property, and will supervise distribution of sale proceeds after paying liens, costs, and expenses.

Detailed answer — step-by-step under South Dakota law

1. Confirm your ownership and type of co-ownership. You must be a current owner (for example, a tenant in common or joint tenant) of record, or claim title through inheritance. Gather the following: deed(s), death certificate(s), probate records (if the property passed through probate), tax statements, mortgage and lien information, and any written agreements among owners.

2. Determine the best remedy: partition in kind vs. partition by sale. South Dakota courts prefer partition in kind (physically dividing the land) when it is practical and fair. If the land cannot be fairly divided (because of size, configuration, or existing improvements), the court may order a sale and divide the proceeds. You can ask the court for either remedy in your complaint; the court will decide based on the facts.

3. Where to file and jurisdiction. Partition actions are filed in the South Dakota circuit court for the county where the real estate is located. South Dakota circuit courts handle real property actions and partition disputes. For statewide statutes, see the South Dakota Codified Laws at the legislative website: https://sdlegislature.gov/Statutes/Codified_Laws/. For court practices and local filing rules, consult the Unified Judicial System: https://ujs.sd.gov/.

4. Prepare the complaint for partition. The complaint should include:

• A description of the property sufficient for identification (legal description if available)
• The names and addresses of all known owners and interested parties (including lienholders)
• Your ownership interest and how you acquired it (inheritance, deed, etc.)
• A concise statement asking the court to partition the property in kind or, if not practical, to order a sale and distribution of proceeds
• Request that the court appoint commissioners or a referee (if applicable) and enter any other necessary orders (e.g., accounting, determination of liens, sale procedures)

5. Service on all interested parties. After filing, you must serve the complaint and summons on all co-owners, mortgagees, lienholders, and anyone with a recorded interest in the property. If some parties are unknown or cannot be located, the court may permit service by publication. Proper service is required before the court can proceed.

6. Court procedures after filing. Typical court steps include:

• Answer and counterclaims by co-owners
• Discovery if owners dispute facts (title, boundaries, or liens)
• Hearing on whether property can be partitioned in kind or must be sold
• Appointment of commissioners or a referee to survey, divide, or oversee sale
• Confirmation of sale and distribution of proceeds

7. How the sale works if ordered. If the court orders sale, the property is usually appraised and sold — often at public auction. The court (or appointed commissioner) will apply sale proceeds to pay valid liens, costs of sale, commissions, and other expenses, then distribute the balance to owners according to their respective interests.

8. Effect of liens, mortgages, and homestead claims. Recorded liens (mortgages, tax liens, judgment liens) generally remain attached to the property and will be satisfied from sale proceeds in order of priority. If you inherited property that may be subject to a surviving spouse’s homestead or other statutory protections, notify the court and get legal advice about how those claims could affect partition.

9. Timing and costs. The timeline varies: an uncontested partition might finish in a few months; a contested case with litigation can take a year or longer. Costs include filing fees, service costs, title searches, survey or appraisal fees, attorney fees if you hire counsel, and the expenses of commissioners. The court may allocate costs between parties.

10. Alternatives to forced partition. Consider these options before or during litigation:

• Negotiate a buyout (one co-owner purchases your interest)
• Mediation to reach a voluntary division or sale agreement
• Partition by agreement executed and recorded among the owners

Important statutory resources and where to look

South Dakota does not put a separate statutory chapter titled exactly “partition” easily identified in general memory here, but partition suits proceed under the civil statutes and circuit court rules. Use the South Dakota Codified Laws search to find statutes relating to real property and partition-related procedures: https://sdlegislature.gov/Statutes/Codified_Laws/. For court forms, local filing rules, and contact information for the clerk of circuit court in the county where the land lies, visit the South Dakota Unified Judicial System: https://ujs.sd.gov/.

Note: Because local practice and forms vary by county and judges may follow different internal procedures, check with the clerk of circuit court in the county where the property is located about filing requirements and fee amounts.

Helpful hints — practical steps before you file

• Get a title search. Know all recorded owners, liens, and encumbrances before filing.
• Collect documents: deeds, probate filings, tax receipts, mortgage statements, and any written agreements among owners.
• Talk to co-owners informally. A negotiated buyout or division can save time and legal costs.
• Consider mediation. Courts often encourage settlement; mediation can produce faster, cheaper results.
• Estimate costs. Factor in filing fees, publication (if needed), surveys, appraisals, and likely attorney fees.
• Check local procedures. Contact the county circuit court clerk where the property sits for required forms and filing fees.
• Preserve records of communication. Keep copies of notices, offers, and any attempts to resolve the dispute.
• Act promptly. While partition actions are commonly available to current owners, waiting can complicate title issues and increase costs.

When to talk to an attorney

Consider hiring a South Dakota attorney if any of the following apply:

• Title is disputed or unclear
• There are multiple lienholders or complex mortgages
• The property has significant improvements, environmental issues, or is difficult to divide
• Co-owners are uncooperative or litigation is likely
• You want help with strategies like buyouts, splits, or tax consequences of sale