What steps are required to file a court petition to partition land owned by multiple relatives in SD?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

Under South Dakota law, co-owners of real property may seek a judicial partition when they cannot agree on how to divide the land. The partition process is governed by South Dakota Codified Laws (SDCL) Chapter 21-7. Below is a step-by-step guide to filing a partition petition in state court.

1. Confirm Co-Ownership and Interest Type. Identify all parties who hold an interest in the property (e.g., tenants in common or joint tenants). Obtain a copy of the deed or title records from the county register of deeds.
2. Attempt an Out-of-Court Agreement. South Dakota encourages co-owners to voluntarily agree on dividing or selling the property before filing a petition. A written agreement signed by all parties can avoid court intervention.
3. Prepare the Petition. Draft a petition containing:
   • A description of the property (legal description, parcel number).
   • The names and addresses of all co-owners.
   • A statement that the property cannot be partitioned amicably.
   • A request for partition in kind (physical division) or sale and division of proceeds.

   Cite the statutory basis: SDCL 21-7-1 and SDCL 21-7-2.

4. Choose the Proper Venue. File in the circuit court of the county where the property lies per SDCL 21-7-3. Ensure you meet filing fee requirements and local rules.
5. Serve Co-Owners. Arrange service of the petition and summons on each co-owner by personal delivery or certified mail. File proof of service with the court.
6. Responding Period. Co-owners typically have 20 days to answer after service. If they fail to answer, you may seek a default judgment under SDCL 15-6-55 (default procedures).
7. Appointment of Commissioners. The court may appoint three disinterested commissioners to evaluate the property and recommend a partition plan or sale under SDCL 21-7-4.
8. Commissioners’ Report and Objections. Commissioners file a report with proposed division or sale. Parties may object within 10 days per SDCL 21-7-14.
9. Final Order. The court reviews the report, hears objections, and issues a final order under SDCL 21-7-15. The order either divides the land physically among co-owners or orders a sale at auction.
10. Sale and Distribution of Proceeds. If the court orders sale, follow the court’s sale procedures. After sale, the clerk distributes proceeds according to each co-owner’s share.

Helpful Hints

• Gather title documents early to confirm ownership percentages.
• Consider mediation to avoid litigation costs and delays.
• Hire a surveyor if you seek a physical division of land.
• Keep accurate records of service and court filings.
• Consult an attorney if disputes arise over valuation or division methods.