2025 Session

§ 558.01 — Partition, Sale; Who May Bring Action

Plain-Language Summary

When two or more people own real estate together, any one of them can file a lawsuit to split up the property. The court can divide the land among the owners or order it sold if dividing it would cause serious harm to the owners.

558.01 PARTITION, SALE; WHO MAY BRING ACTION.

When two or more persons are interested, as joint tenants or as tenants in common, in real property in which one or more of them have an estate of inheritance or for life or for years, an action may be brought by one or more of such persons against the others for a partition thereof according to the respective rights and interests of the parties interested therein, or for a sale of such property, or a part thereof, if it appears that a partition cannot be had without great prejudice to the owners.

History:

(9524) RL s 4392

History: History: (9524) RL s 4392

Practical Notes

This is an important tool for co-owners who cannot agree on what to do with shared property. For example, if siblings inherit a house together and one wants to sell while the other does not, the one who wants to sell can bring a partition action. The court will either physically divide the land or order a sale.

Source: Minnesota Office of the Revisor of Statutes