Partition Actions in Minnesota
Do you own a home or other real estate with someone, but cannot agree on what to do with it? Whether voluntarily purchased jointly (such as an unmarried couple) or passively acquired (such as inherited from the death of a parent), co-owners of real estate (with the exception of spouses) who disagree on the use, division, or sale of real estate can seek resolution of their dispute though a legal partition action. The Court has authority to order that the property be physically divided or the court may force the sale of the property.
Since each co-owner has an interest in the entire property, it takes all owners to sell, re-title, or to refinance a home or other real estate. Filing a partition action in the county where 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.
What Can the Court Do in a Partition Action
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.
Contact an Attorney for Advice and Representation in any Partition Action
Section 558 of the Minnesota Statutes governs partition actions in Minnesota. However, the laws are very antiquated and there are many specific and technical processes to adhere to. It is imperative you seek the advice of an experienced attorney to help you navigate the partition process. The legal team at Blahnik, Prchal and Stoll are experienced in partition actions and have successfully represented clients through the entire partition action process.