What steps are required to initiate or consent to a partition action before a court-appointed commissioner in South Dakota? | South Dakota Partition Actions | FastCounsel
SD South Dakota

What steps are required to initiate or consent to a partition action before a court-appointed commissioner in South Dakota?

Detailed Answer

Under South Dakota law, any co-owner or lienholder may seek or consent to a court-supervised division of real property by filing a partition action. The process follows Chapter 21-7 of the South Dakota Codified Laws:

  1. Establish your right to partition. Any person owning or claiming an interest in property may initiate partition (SDCL 21-7-1).
  2. Prepare and file the complaint. Draft a complaint stating the names of all known interest holders, a legal description of the property, the type and amount of each party’s interest, and a prayer for partition in kind or sale (SDCL 21-7-3).
  3. Serve all interested parties. Deliver the complaint and summons to each co-owner or lienholder under the South Dakota Rules of Civil Procedure on service (SDCL 15-6-4).
  4. Attend the initial hearing. The court reviews the pleadings, confirms proper service, and may grant consent if all parties agree.
  5. Appointment of commissioner. If the court orders a partition, it appoints a disinterested commissioner to inspect the property, determine whether division in kind is practical, or recommend a sale (SDCL 21-7-5).
  6. Commissioner’s report and partition or sale. The commissioner surveys and appraises the premises. If physical division is feasible, the commissioner allocates parcels. If not, the commissioner conducts a public sale.
  7. Confirmation and distribution. The commissioner files a written report. After court approval, the sale proceeds are distributed to parties in proportion to their interests. The court then issues a final decree.

Alternatively, parties may streamline the process by filing a joint petition consenting to the commissioner’s appointment, waiving formal service, and stipulating to terms of sale or division.

Helpful Hints

  • Gather all deeds, mortgage documents, and title insurance policies early.
  • Order a professional appraisal to establish fair market value before filing.
  • Discuss voluntary buyouts or informal splits to avoid court costs.
  • Budget for commissioner fees, survey costs, and filing fees.
  • Consider mediation or dispute resolution to reduce litigation time.
  • Keep deadlines for service, response, and report filings on your calendar.
  • Consult a local attorney to confirm procedural requirements and monitor court dates.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific legal needs.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.