Partition Actions in Minnesota
Whether voluntarily purchased jointly or passively acquired (such as a result of a transfer on death deed), co-owners of real estate (with the exception of spouses) who disagree on use, division, or sale issues can seek resolution though a partition action. The Court has order that the property by physically divided or the court can force the sale of the real estate.
Since each co-owner has an interest in the entire property, it takes all owners to sell, re-title, or to refinance the property. Filing a partition action in the county in which the property is located becomes necessary when co-owners have exhausted all attempts at cooperation or compromise, or where one co-owner is absent or is placing the property at risk.
In a partition action, a co-owner asks the court to force the sale or division of the property and to equitably, or fairly, divide the proceeds or parcels among all owners. Unless the parties can agree to sell the property, the court will appoint a referee to market and sell the property on behalf of the parties, usually at some significant cost. The parties in a partition action may ask the court to provide adjustments or credits in allocating the proceeds of sale among the co-owners, which could be dependent on whether one party’s actions are the basis for bringing the partition action.
Minn. Stat. § 558 govern partition actions in Minnesota, however, the laws are very antiquated and there are many specific and technical procedures to adhere to. It is imperative you seek the advice of an experienced attorney to help you navigate the partition process.
Please contact at attorney at Blahnik Law Office, PLLC at 952-479-0449 to schedule your complimentary one-hour consultation.