Partition Action

A partition action is a civil legal remedy that allows joint property owners to ask the court to divide or sell property when they cannot agree on how to handle it. Partition actions often arise between unmarried couples, heirs, family members, or former spouses who co-own real estate but no longer wish to maintain the shared ownership.
Under North Dakota Century Code § 32-16, a co-owner has the right to force a partition of real property — either by physical division (partition in kind) or by court-ordered sale (partition by sale). These actions are common in post-divorce disputes, estate matters, and failed real estate partnerships.
In North Dakota communities like Bismarck, Minot, Williston, and Dickinson, partition actions are often the only option when one party refuses to sell, rent, buy out, or maintain the property. At Heartland Law Office, we help clients assert their ownership rights, navigate the valuation and sale process, and resolve partition disputes through negotiation or litigation.