MINNEAPOLIS ATTORNEY DISCUSSES WHAT HAPPENS WHEN CO-OWNERS OF PROPERTY NEED A REAL ESTATE DIVORCE

When co-owners of a piece of property can no longer agree on its use or disposition, a partition action may be necessary. In Minnesota, a partition action is a legal process that allows co-owners to divide a piece of real estate, either by physically dividing it or by selling it and dividing the proceeds among the co-owners.

The process of a partition action starts with the filing of a complaint in the district court where the property is located. The complaint must include the names of all co-owners and a description of the property. The court will then appoint a commissioner to determine the fair market value of the property and make recommendations for its division or sale.

If the commissioner finds that the property can be physically divided without causing undue hardship or diminishing the value of the property, the court may order a physical division of the property. If the commissioner finds that a physical division is not feasible, the court may order the sale of the property and distribution of the proceeds among the co-owners.

It's important to note that in Minnesota, a partition action can only be brought by a co-owner of the property, and not by a tenant or someone with a equitable interest in the property. Additionally, partition actions can be costly, as the co-owners are responsible for paying the commissioner's fees, which can be substantial.

In conclusion, partition actions in Minnesota real estate law provide a legal way for co-owners to divide a property when they can no longer agree on its use or disposition. It's a complex legal process that requires the guidance of an experienced attorney. Understanding your rights and options is important before proceeding with a partition action.

In any case, if you are involved in a dispute over a piece of real estate with a co-owner, it's important to consult with an experienced real estate attorney to understand your rights and options. An attorney can help guide you through the partition action process and represent your interests in court. Please contact Jon W. Morphew at Morphew Law Office if you have any questions about a real estate divorce.