Can I force the sale or division of real property I still co-own with my ex in South Dakota?

Short answer: Yes. In South Dakota you generally have two primary routes to get a co-owned property divided or sold: (1) a partition action in civil court to physically divide the land or force a sale and distribution of proceeds, or (2) enforcement of your divorce decree or agreement (if the decree assigned the property or required sale) through domestic relations procedures. Which path is best depends on the title type, the divorce judgment, mortgages or liens on the property, and practical considerations (cost, timing, taxes).

Detailed answer — how the law works and what to expect

1. Partition action (civil court)

A partition action is the usual remedy when co-owners cannot agree. In a partition action you ask the court to either:

Divide the property physically between the owners (partition in kind) if that division is practical, or
Order a sale of the property and divide the sale proceeds among the co-owners according to their ownership shares (partition by sale).

The court will consider whether a physical division is feasible without unfairness or prejudice to any owner. If division in kind is impractical or would damage the property’s value (common for single-family homes or small parcels), the court usually orders a sale. The court may appoint commissioners or referees to value the property, supervise a sale, and report back to the court.

To start a partition action you file a complaint in the appropriate South Dakota circuit court for the county where the property sits, name all co-owners and interested parties (lienholders, mortgagees, and anyone with a recorded interest), and ask the court for partition. The court will provide process and timelines. Expect discovery, appraisals, and court costs. After sale, the court pays off legal liens (mortgages, tax liens) from sale proceeds, then divides any remainder according to ownership shares.

See the South Dakota statutes governing civil remedies and partition procedures for civil actions: South Dakota Codified Laws (Title 21 — Civil Actions). For a starting point, review Title 21 at: https://sdlegislature.gov/Statutes/Title/21.

2. Enforcement of a divorce decree or property settlement

If your divorce decree or a written settlement specifically assigned the property, ordered a sale, or required one party to buy out the other, you can ask the family court that entered the decree to enforce the order. Typical remedies include:

Motion to enforce or for contempt if the ex refuses to follow a court order;
A motion asking the court to set new terms or a sale procedure if the original order left the mechanics unresolved;
A request that the court appoint a receiver or special commissioner to manage or sell the property if an owner is refusing to cooperate.

Domestic relations courts can impose sanctions, order sale, or authorize other relief to enforce their judgments. See South Dakota statutes governing domestic relations and enforcement: https://sdlegislature.gov/Statutes/Title/25.

3. Practical routes short of court

Because partition and enforcement lawsuits can be expensive and slow, consider alternatives first:

Negotiate a buyout: one party buys the other’s share at an agreed price and refinances the mortgage if needed.
Mediation or collaborative law: neutral mediator helps parties reach a sale or buyout agreement without a contested trial.
Sell on the open market by mutual agreement and split proceeds per ownership or settlement terms.

4. Liens, mortgages, and junior interests

Mortgages and recorded liens travel with the property. A partition sale generally pays off liens from sale proceeds before dividing the remainder. If one co-owner signed a mortgage and later left the home but did not refinance, that owner may remain liable to the lender even after a buyout — clearing the mortgage typically requires refinancing or paying the loan off.

5. Taxes and costs

Sale or buyout has tax consequences. Capital gains, transfer taxes, and closing costs reduce proceeds. Partition lawsuits have court costs, lawyer fees, appraisal fees, and possible sale commissions. Weigh net outcomes when choosing a path.

6. Timing and typical timeline

A negotiated buyout or agreed sale can close in a few weeks to months. A partition or enforcement lawsuit may take many months or longer depending on court schedules, discovery, and appeals. Expect appraisals and temporary hearings early on.

How to get started — step-by-step checklist

Gather documents: deed(s), divorce decree and property settlement, mortgage statements, property tax bills, homeowners insurance, and any lien information.
Check record title: confirm all recorded owners and liens at the county register of deeds.
Ask for an appraisal or broker price opinion to understand value and equity.
Try negotiation or mediation if both parties will engage.
If negotiation fails, consult a South Dakota real estate/family law attorney about filing a partition action or enforcement motion in circuit/family court.
If you file in court, be prepared for fees, appraisals, and time for hearings.

When to hire an attorney

Consider getting legal help if any of the following apply:

The title or ownership shares are contested.
There are mortgages, tax liens, or judgments.
One co-owner refuses to cooperate or remove belongings.
The property has complicated boundary, easement, or subdivision issues.
You need enforcement of a divorce decree that addressed the property.

Helpful hints

Keep a clear paper trail: save all communications about the property and any written offers or settlement proposals.
Get an independent appraisal early to guide negotiations.
Confirm who is named on the recorded deed. The deed controls legal ownership, not who paid or who lives there.
If you signed the mortgage but left the home, you might still be liable to the lender until the loan is paid or refinanced.
Try mediation first — it often reduces costs and preserves more of the sale proceeds for owners.
Ask the court for interim relief (e.g., who pays taxes, insurance, and mortgage payments) while litigation proceeds.
Check possible tax consequences of a sale or buyout with an accountant or tax attorney.
To find a lawyer, contact the South Dakota Bar Association or local circuit court for referral resources.

Where to look in South Dakota law

Partition and civil remedies are governed by the civil procedure statutes and case law within South Dakota’s codified laws (Title 21 for civil actions). Domestic relations and enforcement of divorce orders appear under Title 25. Useful starting links:

South Dakota Codified Laws — Title 21 (Civil actions): https://sdlegislature.gov/Statutes/Title/21
South Dakota Codified Laws — Title 25 (Domestic relations): https://sdlegislature.gov/Statutes/Title/25

Bottom line

If you co-own property with an ex and cannot agree on what to do, a partition action or enforcement of a divorce order are the principal legal tools in South Dakota. Negotiation and mediation can save time and money, but if those fail, a court can order a sale and divide proceeds after paying liens. Because each situation turns on specific facts—title language, liens, the divorce decree, and practical matters—talk to a South Dakota attorney to map the most efficient path for your case.

Disclaimer: This article provides general information about South Dakota law and is not legal advice. It does not create an attorney-client relationship. For advice about your unique situation, consult a licensed attorney in South Dakota.