Partition Action Complaint - North Dakota

COMPLAINT FOR PARTITION OF REAL PROPERTY

STATE OF NORTH DAKOTA

IN THE DISTRICT COURT

COUNTY OF [____________], [____________] JUDICIAL DISTRICT

COMPLAINT FOR PARTITION

Plaintiff, [PLAINTIFF NAME], by and through undersigned counsel, for [his/her/its] Complaint against the Defendants, alleges as follows:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] is [a resident of [____________] County, North Dakota / an entity] and holds and is in possession of the Subject Property as a [☐ tenant in common / ☐ joint tenant / ☐ partner], in which Plaintiff has an [☐ estate of inheritance / ☐ life estate / ☐ estate for years].

2. Defendant [COTENANT NAME] is, upon information and belief, [a resident of [____________] / an entity] whose last known address is [________________________________], and is a cotenant of the Subject Property.

3. The interests of all persons in the Subject Property, so far as known to Plaintiff, are set forth in this Complaint as required by N.D.C.C. § 32-16-02. The following persons are joined as Defendants:

☐ [COTENANT NAME] — cotenant — interest [____/____]
☐ [COTENANT NAME] — cotenant — interest [____/____]
☐ Holder(s) of any mortgage, judgment, or other lien of record: [____________]

☐ The identity, share, or quantity of interest of [____________] is unknown, uncertain, or contingent in the following respect: [________________________________].

4. The summons is directed to all joint tenants and tenants in common, all persons having an interest in or any lien of record upon the property, and generally to all persons unknown who have or claim any interest in the property (N.D.C.C. § 32-16-05). If the summons is served by publication, the published summons must be accompanied by a notice stating that partition is sought and briefly describing the Subject Property (N.D.C.C. § 32-16-06).

5. This is an action for partition under N.D.C.C. § 32-16-01. Venue is proper in [____________] County because the Subject Property, or part of it, is located in this county (N.D.C.C. § 28-04-01).

II. THE SUBJECT PROPERTY

6. The real property that is the subject of this action (the "Subject Property") is located in [____________] County, North Dakota, and is more particularly described as:

[INSERT FULL LEGAL DESCRIPTION]

Parcel No.: [____________]
Recording Reference: Document No. [____________], records of the [____________] County Recorder
Commonly Known As: [________________________________]

III. THE COTENANCY AND RESPECTIVE INTERESTS

7. The Subject Property is owned by the parties as [☐ tenants in common / ☐ joint tenants / ☐ partners], with respective interests as follows:

8. Plaintiff acquired [his/her/its] interest by:

☐ Deed dated [__/__/____], recorded as Document No. [____________].
☐ Devise under the Will of [____________], Probate No. [____________].
☐ Intestate succession from [____________], who died [__/__/____].
☐ Other: [________________________________].

IV. ENTITLEMENT TO PARTITION

9. As a cotenant holding and in possession of the Subject Property in which Plaintiff has an estate as alleged above, Plaintiff is entitled under N.D.C.C. § 32-16-01 to a partition of the Subject Property according to the respective rights of the persons interested therein, and to a sale of the property or a part thereof if it appears that a partition cannot be made without great prejudice to the owners.

10. The parties cannot agree upon the use, management, or voluntary disposition of the Subject Property, and Plaintiff is entitled to have [his/her/its] interest severed.

V. METHOD OF PARTITION — IN KIND OR BY SALE

11. Partition in kind. Plaintiff requests that the Court appoint three referees under N.D.C.C. § 32-16-12 to make partition of the Subject Property according to the respective rights of the parties, considering the quality and quantity of the allotted portions (N.D.C.C. § 32-16-13), and to report to the Court (N.D.C.C. § 32-16-14). The Court may appoint one referee if the parties consent or an unopposed request for one referee is made in the complaint (N.D.C.C. § 32-16-46).

12. Partition by sale. In the alternative, if the evidence establishes that the Subject Property cannot be partitioned in kind without great prejudice to the owners, Plaintiff requests that the Court order a sale under N.D.C.C. § 32-16-12 and distribute the proceeds according to the parties' respective interests, after applicable costs and liens and subject to the accounting set forth below (N.D.C.C. § 32-16-20).

☐ Plaintiff alleges that the Subject Property cannot be partitioned in kind without great prejudice because: [single residential structure / indivisible improvements / disproportionate parcels / agricultural unit not divisible without loss of value / other: ____________].

VI. COTENANT BUYOUT (N.D.C.C. § 32-16-49)

13. If the Court determines that the Subject Property is held by two or more cotenants, one or more of whom has an estate of inheritance, and a sale is requested or required to avoid an inequitable partition, Plaintiff requests appointment of a referee to obtain an appraisal determining the fair market value of the Subject Property. Plaintiff requests that the Court notify all parties of the valuation and the amount of the appraisal so that any cotenant may, upon receipt of the appraisal, purchase all interests of the cotenants requesting a sale at the appraised fair market value of each selling cotenant's fractional interest (N.D.C.C. § 32-16-49). If more than one cotenant offers to purchase, the Court shall equitably allocate the interests among the purchasing cotenants.

☐ If other cotenants request a sale, Plaintiff elects to seek a buyout of all their interests: [____________].
☐ Plaintiff requests appraisal and notice to all cotenants of the buyout opportunity.

VII. ACCOUNTING AMONG COTENANTS

14. Plaintiff requests that, before final partition or distribution, the Court determine any supported equitable claims among the cotenants and make any appropriate compensatory adjustment under N.D.C.C. § 32-16-41 and Berger v. Repnow, 2025 ND 25:

15. ☐ One or more cotenants has been in sole/exclusive possession of the Subject Property and [☐ has excluded Plaintiff (ouster) / ☐ has received rents, profits, or crop proceeds], warranting an offset or charge against that cotenant's share.

VIII. LIS PENDENS (N.D.C.C. § 32-16-04)

16. Immediately after filing this Complaint, Plaintiff will record in the office of the Recorder of [____________] County a notice of the pendency of this action, containing the names of the parties so far as known, the object of the action, and a description of the Subject Property, as required by N.D.C.C. § 32-16-04. From the time of filing such notice, all persons are deemed to have notice of the pendency of this action.

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment:

A. Determining the respective rights and interests of all parties in the Subject Property;

B. Ordering partition of the Subject Property in kind among the parties according to their respective interests, by three referees under N.D.C.C. §§ 32-16-12 and 32-16-13, or one referee if permitted by § 32-16-46;

C. Alternatively, if partition in kind cannot be made without great prejudice to the owners, ordering a sale of the Subject Property under N.D.C.C. § 32-16-12 and distributing the proceeds according to the parties' respective interests after applicable costs and liens;

D. Appointing a referee to obtain an appraisal and affording the cotenants the buyout opportunity provided by N.D.C.C. § 32-16-49;

E. Taking an accounting among the cotenants and adjusting the shares, or directing compensation, to reflect contributions, rents and profits, ouster, waste, and improvements;

F. Apportioning partition costs and reasonable counsel fees incurred for the common benefit in proportion to the parties' interests under N.D.C.C. § 32-16-45; and

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

Dated this [____] day of [____________], 20[____].

_________________________________
[ATTORNEY NAME]
N.D. Bar / ID No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY, STATE, ZIP]
Telephone: [____________]
Email: [____________]
Attorney for Plaintiff

VERIFICATION

STATE OF NORTH DAKOTA )
                  ) ss.
COUNTY OF [____________] )

[PLAINTIFF NAME], being first duly sworn, deposes and says that [he/she/the affiant] is the Plaintiff in the foregoing action; that [he/she] has read the foregoing Complaint for Partition; and that the same is true of [his/her] own knowledge, except as to those matters alleged on information and belief, and as to those, [he/she] believes them to be true.

_________________________________
[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [____________], 20[____].

_________________________________
Notary Public
My commission expires: [__/__/____]

[NOTARY SEAL]

NOTICE OF LIS PENDENS

N.D.C.C. § 32-16-04

NOTICE IS HEREBY GIVEN of the pendency of the above-captioned partition action in the District Court, [____________] Judicial District, County of [____________], State of North Dakota, Case No. [____________]:

REAL PROPERTY AFFECTED:

[INSERT FULL LEGAL DESCRIPTION]

Parcel No.: [____________]
Common Address: [________________________________]

From the time of filing this Notice for record, all persons are deemed to have notice of the pendency of this action.

Dated this [____] day of [____________], 20[____].

_________________________________
[ATTORNEY NAME], Attorney for Plaintiff

RECORD WITH THE [____________] COUNTY RECORDER.

SOURCES AND REFERENCES

• N.D.C.C. § 32-16-01 (when partition may be brought; sale where great prejudice)
• N.D.C.C. § 32-16-02 (complaint contents); § 32-16-03 (necessary parties of record); § 32-16-04 (lis pendens)
• N.D.C.C. § 32-16-05 (summons); § 32-16-06 (service by publication)
• N.D.C.C. §§ 32-16-12 to 32-16-15 (referees; method and rule of partition; report; judgment)
• N.D.C.C. § 32-16-20 (proceeds of encumbered property); § 32-16-41 (compensatory adjustments)
• N.D.C.C. § 32-16-45 (costs and common-benefit counsel fees); § 32-16-46 (single referee)
• N.D.C.C. § 32-16-49 (cotenant buyout at appraised fair market value)
• N.D.C.C. § 28-04-01 (venue of partition action)
• Berger v. Repnow, 2025 ND 25 (N.D.C.C. ch. 32-16 controls distribution of jointly owned property; § 32-16-01 standard)

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Independently verify all citations against the current North Dakota Century Code and Rules of Civil Procedure. Consult a licensed North Dakota attorney before filing.