Chapter 558A — Partition; Sale; Who May Bring Action

Minnesota Statutes Chapter 558A — Partition; Sale; Who May Bring Action

558A.01 Short Title Establishes the short title for sections 558A.01 through 558A.29 as the Minnesota Partition Act. 558A.02 Applicability States that Chapter 558A, not Chapter 558, applies to all partition actions commenced on or after August 1, 2025. 558A.03 Partition; Sale; Who May Bring Action Establishes who may bring a partition action: joint tenants or tenants in common with concurrent interests in real … 558A.04 District Court Powers and Authority Grants the district court broad equitable powers to achieve a fair and equitable result for all parties in a partition … 558A.05 Liens Authorizes the court to shift property interests or liens from one property or portion to another as part of the … 558A.06 Summons; Service Specifies summons requirements in partition actions, including service on all known owners and lien holders. Allows … 558A.07 Complaint Requires the complaint to describe all interests in the property, including ownership and liens, and to identify unknown … 558A.08 Judgment for Partition; Referees Provides for judgment of partition and appointment of referees. The court establishes the title and rights of the … 558A.09 Dispute Between Parties is No Defense Prevents a dispute between co-owners about their respective shares from blocking a partition action when the plaintiff's … 558A.10 Duty and Powers of Referee; Report; Expenses Defines the duties and powers of referees in partition, including selling property for the highest and best price or … 558A.11 Considerations for Partition in Kind Lists the factors the court must consider when deciding whether to order partition in kind, including whether the … 558A.12 Report of Open-market Sale Requires the referee to file a detailed report of any open-market sale, including property descriptions, buyer names, … 558A.13 Referee's Report as Evidence Establishes the standard for reviewing a referee's report: the court must accept it unless a party demonstrates by a … 558A.14 Sale Authorization Authorizes the sale of property in any manner the referee recommends and the court approves, designed to bring the … 558A.15 Purchase by Part Owner Allows a co-owner or lien holder to purchase the property at the partition sale, with their share of proceeds credited … 558A.16 Report of Sale Requires the referee to report the sale details to the court, including parcels sold, purchaser names, prices, and … 558A.17 Confirmation of Report; Final Judgment Provides for confirmation of the referee's report and entry of final judgment. The confirmed partition is binding on all … 558A.18 Liens; How Affected Addresses how liens are affected by partition: liens on an undivided interest attach only to the share allotted to that … 558A.19 Attorney Fees and Costs Apportioned Provides for apportionment of attorney fees, costs, and disbursements in partition actions, payable from sale proceeds … 558A.20 Compensation Because of Inequality Authorizes the court to order one party to compensate another when partition in kind cannot be made equal without … 558A.21 Indivisible Property May Be Set Off When property cannot be divided without damage to the owners, the court may set off the whole property to one party who … 558A.22 Proceeds; How Applied Specifies the order in which sale proceeds are applied: general costs, referee costs, attorney fees, satisfaction of … 558A.23 Order Confirming Sale States that the order confirming the sale, together with the referee's deed, serves as a valid and conclusive transfer … 558A.24 Record and Effect of Conveyances Requires that referee conveyances be recorded and makes them binding on all parties to the action, lien holders, unknown … 558A.25 Persons Prohibited From Purchasing Prohibits referees from purchasing, directly or indirectly, any property they are appointed to sell. Does not prevent … 558A.26 Claims to Proceeds; How Determined Provides a procedure for determining competing claims to sale proceeds when proceeds belonging to known parties are paid … 558A.27 Orders; Interlocutory Judgments; Appeals Grants the right to appeal interlocutory orders and judgments in partition proceedings to the court of appeals within 30 … 558A.28 Proceeds Due Unknown Owner Requires that sale proceeds belonging to unknown owners be paid to the court administrator and held subject to further … 558A.29 Guardian Ad Litem; When Appointed Requires the court to appoint a guardian ad litem for minors, persons with disabilities, and unborn persons who may have …