Understanding Joint Ownership
Owning property together often arises from various scenarios, such as purchasing as romantic partners, inheriting from a family estate, or receiving a gift of land. These arrangements start with mutual intentions but can lead to disagreements over property management. When co-owners can't agree, a partition action might be the legal recourse to resolve these differences.
What is a Partition Action?
Under Chapter 558 of Minnesota Statutes, a partition action allows joint tenants or tenants in common to request a court to either split the property or order a sale. It begins with filing a summons and complaint, prompting the court to decide if an in-kind division is feasible or if a sale (partition by sale) is necessary due to practical difficulties in division.
The Role of Referees in Land Partition
The statute provides for appointing three referees to assess whether the land can be divided equitably among owners. By examining the property, referees report to the court on the possibility of physical division. If feasible, the court orders the split, assigning costs among owners proportionately. Often, parties may agree on a single referee to reduce costs.
Challenges and Alternatives to Partition Actions
A court-ordered partition typically results in owners losing control over the outcome and can be more costly than negotiated solutions. Owners may not receive specific property segments they desire, or in the case of a sale, may not retain any real estate. Before resorting to legal action, exploring mediation or consulting with a real estate attorney is advisable for developing a mutually satisfactory agreement. This approach usually provides more control and aligns with both parties' goals.
Importance of Legal Guidance
Engaging an experienced attorney is crucial in navigating property division. Legal expertise ensures adherence to complex procedures and helps achieve the most favorable outcome for all parties involved.
