What is the State of Minnesota partition action?

Partition is a legal process that divides real estate into separate parcels, each of which is then owned by a different person or entity. In Minnesota, partition actions are governed by Minnesota Statutes Chapter 558.

Who Can File a Partition Action?

Any person who has an interest in real estate can file a partition action, including:

* Joint tenants

* Tenants in common

* Co-owners

* Remaindermen

* Reversioners

* Heirs

* Creditors

* Lienholders

What is the Process for a Partition Action?

The process for a partition action in Minnesota is as follows:

1. File a complaint. The person who is filing the partition action (the "plaintiff") must file a complaint with the district court in the county where the real estate is located. The complaint must include the following information:

* The names of all of the parties who have an interest in the real estate

* A description of the real estate

* A statement of the plaintiff's interest in the real estate

* A request for the court to divide the real estate

2. Serve the complaint. The plaintiff must serve the complaint on all of the other parties who have an interest in the real estate.

3. File an answer. The defendants must file an answer to the complaint within 20 days of being served. The answer must admit or deny the allegations in the complaint and may include a counterclaim.

4. Discovery. The parties may conduct discovery to obtain information about the real estate and the parties' interests in the real estate.

5. Trial. If the court cannot resolve the dispute without a trial, a trial will be held to determine the respective interests of the parties in the real estate and to order partition of the real estate.

6. Sale. If the real estate cannot be divided into separate parcels without materially impairing its value, the court may order the real estate to be sold and the proceeds divided among the parties.

Costs and Attorney Fees

The costs of a partition action, including attorney fees, are typically paid out of the proceeds of the sale of the real estate. If the real estate is not sold, the costs and fees may be assessed against the parties based on their respective interests in the real estate.

Partition actions can be complex and time-consuming. It is important to speak with an attorney if you are considering filing a partition action or if you have been served with a complaint for partition.