Partition Action Complaint - Minnesota

COMPLAINT FOR PARTITION OF REAL PROPERTY — MINNESOTA

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Subject Property
4. The Cotenancy and Respective Shares
5. Nature of Title and Entitlement to Partition
6. Liens and Encumbrances
7. Count I — Partition under the Minnesota Partition Act (ch. 558A)
8. Count II — Manifest-Prejudice / Heirs and Family Property Factors
9. Count III — Accounting Among Cotenants
10. Appointment of Referee
11. Service on Unknown Cotenants
12. Prayer for Relief
13. Signature Block
14. Verification
15. Acknowledgment / Certificate of Service
16. Minnesota Practice Notes
17. Sources and References

1. CAPTION

STATE OF MINNESOTA

DISTRICT COURT

COUNTY OF [________________________________]

[________________________________] JUDICIAL DISTRICT

Court File No.: [________________________________]

Case Type: Partition (Real Property)

COMPLAINT FOR PARTITION OF REAL PROPERTY AND FOR AN ACCOUNTING

Plaintiff, for the Plaintiff's Complaint against the Defendants, states and alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1 Plaintiff, [PLAINTIFF'S FULL LEGAL NAME] ("Plaintiff"), is an adult resident of [________________________________] County, [State], and holds an undivided [____]/[____] interest in the Property described below as a [tenant in common / joint tenant].

2.2 Defendant [DEFENDANT COTENANT #1] is an adult resident of [________________________________] and holds an undivided [____]/[____] interest in the Property.

2.3 Defendant [DEFENDANT COTENANT #2] is [an individual residing at [________________________________] / a [type] entity organized under the laws of [State]] and holds an undivided [____]/[____] interest in the Property.

2.4 The Unknown Defendants are all other persons unknown claiming any right, title, estate, interest, or lien in the Property, whose names and addresses cannot be ascertained after diligent inquiry.

2.5 Jurisdiction. This Court has jurisdiction over this partition action. When two or more persons are interested as joint tenants or tenants in common in real property, an action for partition or sale may be brought by one or more of them against the others. See Minn. Stat. § 558A.03 (and former Minn. Stat. § 558.01 for actions commenced before August 1, 2025).

2.6 Venue is proper in this County because the real property that is the subject of this action is situated in [________________________________] County, Minnesota.

3. THE SUBJECT PROPERTY

3.1 This action concerns the following real property situated in [________________________________] County, Minnesota:

Street Address: [________________________________]

Property Tax / Parcel ID (PID): [________________________________]

Title Reference: [Abstract property recorded in the [________________________________] County Recorder's Office, Document No. [________________________________] / Registered (Torrens) land, Certificate of Title No. [____], Office of the Registrar of Titles, [________________________________] County].

Legal Description: See Exhibit "A" attached hereto and incorporated by reference.

3.2 The Property consists of approximately [____] acres / square feet of [residential / agricultural / commercial / vacant] real property, together with all buildings, improvements, easements, and appurtenances (the "Property").

4. THE COTENANCY AND RESPECTIVE SHARES

4.1 The Property is held by the parties as [tenants in common / joint tenants] in the following undivided shares:

4.2 The shares set forth above represent the entire ownership of the Property. No agreement binding all cotenants governs or restricts partition of the Property.

5. NATURE OF TITLE AND ENTITLEMENT TO PARTITION

5.1 Each party named in Section 4 holds a present, undivided interest in the Property, with an estate of inheritance, for life, or for years, as a [tenant in common / joint tenant].

5.2 Plaintiff has the right to partition the Property and to seek a sale where partition in kind cannot be had without manifest prejudice to the owners.

5.3 The cotenants cannot agree on the use, division, or disposition of the Property, and judicial partition is necessary.

5.4 Plaintiff requests that the Court exercise its discretion under Minn. Stat. § 558A.03 to order a partition in kind, a sale of all or part of the interests with a division of the proceeds, or any other fair and equitable remedy appropriate to the circumstances.

6. LIENS AND ENCUMBRANCES

6.1 The following mortgages, liens, or encumbrances appear of record against the Property or an undivided interest therein:

☐ Mortgage: in favor of [________________________________], Document No. [________________________________], original principal $[____].

☐ Judgment / Tax Lien: [________________________________].

☐ Other Encumbrance: [________________________________].

☐ None known of record.

6.2 Each holder of a mortgage, lien, or other interest in the Property is joined so that its rights may be protected, including by transfer of a lien from an undivided interest to a specific partitioned parcel pursuant to Minn. Stat. § 558A.18 where appropriate.

7. COUNT I — PARTITION UNDER THE MINNESOTA PARTITION ACT (CH. 558A)

7.1 Plaintiff re-alleges and incorporates paragraphs 2.1 through 6.2 above.

7.2 As a cotenant, Plaintiff is entitled to partition of the Property under Minn. Stat. ch. 558A (or, for actions commenced before August 1, 2025, former Minn. Stat. ch. 558).

7.3 Pursuant to Minn. Stat. § 558A.03, the Court may order, in its discretion and in a manner that is fair and equitable to all parties: (a) a partition in kind, setting off to each cotenant a separately titled parcel commensurate with that cotenant's interest, with a money payment (owelty) to equalize any unequal allotment; (b) a sale of all or part of the interests being partitioned and division of the net proceeds according to the parties' rights and interests; or (c) any other fair and equitable remedy.

7.4 If a referee is appointed to conduct a sale, the referee shall sell the Property by any means to assure the highest and best price under the most favorable terms, as required by Minn. Stat. § 558A.10.

8. COUNT II — MANIFEST-PREJUDICE / HEIRS AND FAMILY PROPERTY FACTORS

8.1 Plaintiff re-alleges and incorporates paragraphs 2.1 through 7.4 above.

8.2 In determining whether a partition in kind would result in manifest prejudice to the cotenants, the Court shall consider the factors set forth in Minn. Stat. § 558A.11, including: (a) whether the Property practicably can be divided among the cotenants; (b) whether partition in kind would yield parcels whose aggregate fair market value would be materially less than the value of the Property sold as a whole; (c) the collective duration of ownership or possession by a cotenant and predecessors who are or were relatives; (d) a cotenant's sentimental, ancestral, or other unique attachment to the Property; (e) the lawful use being made of the Property by a cotenant and the harm if that use could not continue; (f) the degree to which the cotenants have contributed their pro rata share of taxes, insurance, and other carrying costs, or contributed to the improvement, maintenance, or upkeep of the Property; and (g) any other relevant factor.

8.3 [Where applicable: The Property is family or inherited property; one or more cotenants acquired their interest by descent or devise from [________________________________], a relative, and [________________________________] continues to reside on and maintain the Property. Plaintiff requests that the Court weigh these factors and consider a fair and equitable remedy (including a buy-out or in-kind award under § 558A.03) that preserves the family's interest where consistent with a fair and equitable result.]

9. COUNT III — ACCOUNTING AMONG COTENANTS

9.1 Plaintiff re-alleges and incorporates paragraphs 2.1 through 8.3 above.

9.2 Plaintiff is entitled to an equitable accounting among the cotenants in connection with the partition or sale, adjusting each cotenant's share of the Property or net proceeds to reflect the contributions and offsets below (and consistent with the compensation-for-inequality provisions historically applied under Minn. Stat. § 558.11).

9.3 Contributions and credits (in favor of Plaintiff). Plaintiff has paid more than Plaintiff's proportionate share of the following:

9.4 Rents and ouster offsets. [Defendant [________________________________] has been in sole and exclusive possession of the Property since [__/__/____], has excluded Plaintiff (ouster), and/or has collected rents from third parties, and is chargeable with the reasonable rental value and/or net rents in the approximate amount of $[____]. Minn. Stat. § 558.13 (occupant liable to cotenants) reflects this principle.]

9.5 Owelty. To the extent any partition in kind results in allotments of unequal value, Plaintiff requests that the Court award owelty to equalize the division.

9.6 Plaintiff requests that the Court determine the net amount due to or from each cotenant after the accounting and adjust the division or distribution accordingly.

10. APPOINTMENT OF REFEREE

10.1 Plaintiff requests that the Court appoint one or more disinterested referees to make an in-kind partition or, if a sale is ordered, to conduct the sale to assure the highest and best price under the most favorable terms pursuant to Minn. Stat. § 558A.10 (or former Minn. Stat. §§ 558.04 and 558.14), to report to the Court, and to distribute the net proceeds in accordance with the Court's judgment and the accounting in Count III.

11. SERVICE ON UNKNOWN COTENANTS

11.1 The identities and addresses of the Unknown Defendants cannot be ascertained after diligent inquiry, including review of probate, recorder/registrar, and assessment records.

11.2 Plaintiff requests leave to serve the Unknown Defendants by publication pursuant to Minn. R. Civ. P. 4.04, by publishing the summons once each week for three (3) consecutive weeks in a newspaper of general circulation in [________________________________] County and mailing a copy to any last known address.

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Adjudge the respective undivided interests of all cotenants in the Property;

B. Order, in the Court's discretion under Minn. Stat. § 558A.03:

☐ A partition in kind of the Property, with owelty as necessary;

☐ A sale of all or part of the interests and division of the net proceeds according to the parties' rights and interests; or

☐ Any other fair and equitable remedy;

C. Consider the manifest-prejudice factors of Minn. Stat. § 558A.11, including heirs/family-property considerations;

D. Order an accounting among the cotenants for taxes, mortgage payments, insurance, repairs, improvements, rents, and ouster, and adjust the division or distribution accordingly;

E. Appoint one or more referees as appropriate;

F. Award the costs and disbursements of this action and, pursuant to Minn. Stat. § 558A.19, reasonable attorneys' fees from the sale proceeds or against a specific party as the Court deems appropriate based on the parties' conduct; and

G. Grant such other and further relief as the Court deems just and equitable.

13. SIGNATURE BLOCK

Dated: [__/__/____]

Respectfully submitted,
[LAW FIRM NAME]

By: [________________________________]
[ATTORNEY NAME], Minn. Atty. Reg. No. [________________________________]
[FIRM NAME]
[STREET ADDRESS]
[CITY], MN [ZIP]
Telephone: [(___) ___-____]
Email: [________________________________]
Attorney for Plaintiff

14. VERIFICATION

STATE OF MINNESOTA
COUNTY OF [________________________________]

I, [PLAINTIFF NAME], declare under penalty of perjury that I am the Plaintiff in the foregoing Complaint for Partition; that I have read the Complaint; and that its contents are true to the best of my knowledge, information, and belief.

[________________________________]
[PLAINTIFF NAME]

Signed this [____] day of [________________________________], 20[____], at [________________________________], Minnesota.

15. ACKNOWLEDGMENT / CERTIFICATE OF SERVICE

ACKNOWLEDGMENT. The undersigned acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. § 549.211 to the party against whom the allegations in this pleading are asserted.

[________________________________]
[ATTORNEY NAME], Minn. Atty. Reg. No. [________________________________]

CERTIFICATE OF SERVICE. I certify that on [__/__/____], I served the foregoing Complaint for Partition and all exhibits upon the parties listed below by [the Minnesota eFile and eServe (MNCIS/eFS) system / U.S. mail / personal service], and upon the Unknown Defendants by publication as ordered:

[SERVICE LIST WITH NAMES AND ADDRESSES]

[________________________________]
[ATTORNEY NAME]

16. MINNESOTA PRACTICE NOTES

1. New governing statute (2025). The Minnesota Partition Act, Minn. Stat. ch. 558A, applies to all partition actions commenced on or after August 1, 2025. The prior chapter, Minn. Stat. ch. 558, continues to govern actions commenced before that date. Confirm your filing date and cite the correct chapter.

2. Expanded judicial discretion. Under § 558A.03, the court may choose among partition in kind, sale and division of proceeds, or "any other fair and equitable remedy," rather than being bound by the prior "great prejudice" presumption favoring in-kind division under former § 558.01.

3. Manifest-prejudice / heirs-property factors. Section 558A.11 sets out mandatory factors for deciding whether partition in kind would cause manifest prejudice, including UPHPA-style considerations (duration of family ownership, sentimental/ancestral attachment, current use, and pro rata contributions). Chapter 558A is the Minnesota Partition Act; it is not separately titled a "Uniform Partition of Heirs Property Act."

4. Referee sales — highest and best price. Section 558A.10 directs an appointed referee to sell "by any means to assure the highest and best price, under the most favorable terms."

5. Liens and lien transfer. Section 558A.18 permits the court to transfer a lien from an undivided interest to a specific partitioned parcel — useful to clear title on the in-kind parcels.

6. Attorney's fees. Section 558A.19 empowers the court to award attorney's fees from the sale proceeds or against a specific party based on conduct during the litigation — a significant change from prior practice.

7. Torrens / registered land. If the Property is registered (Torrens) land under ch. 508, additional procedures apply, including involvement of the Registrar of Titles and examiner of titles.

8. Accounting. Even under ch. 558A, courts conduct an equitable accounting to credit cotenants who paid disproportionate taxes, mortgage, insurance, and necessary expenses, and to charge an occupying or rent-collecting cotenant with rental value or net rents (cf. former §§ 558.11, 558.13).

17. SOURCES AND REFERENCES

• Minn. Stat. ch. 558A (Minnesota Partition Act) — https://www.revisor.mn.gov/statutes/cite/558A/full
• Minn. Stat. ch. 558 (Partition of Real Property) — https://www.revisor.mn.gov/statutes/cite/558
• Minn. R. Civ. P. 4.04 (Service by publication)
• Minn. Stat. § 358.116 (Unsworn declarations); § 549.211 (Sanctions/acknowledgment)
• Fredrikson & Byron — "Minnesota Overhauls Partition Laws With the 2025 Minnesota Partition Act" (July 2025)
• Uniform Law Commission — Partition of Heirs Property Act — https://www.uniformlaws.org/

EXHIBIT "A" — LEGAL DESCRIPTION

[Insert the legal description of the Property exactly as it appears in the most recent recorded deed or the certificate of title for registered land.]

End of Template — Minnesota Complaint for Partition of Real Property.