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: [____________]

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). Unknown Defendants may be served by publication under N.D.C.C. § 32-16-06 and the North Dakota Rules of Civil Procedure.

5. This Court has jurisdiction over this partition action under N.D.C.C. § 32-16-01. Venue is proper in [____________] County because the Subject Property is located in this county.

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 referees under N.D.C.C. § 32-16-12 to make partition of the Subject Property according to the respective rights of the parties, dividing the property into shares as equal as practicable in value (N.D.C.C. § 32-16-13) and reporting to the Court (N.D.C.C. § 32-16-14).

12. Partition by sale. In the alternative, if it appears that the Subject Property cannot be partitioned in kind without great prejudice to the owners, Plaintiff requests that the Court order a sale of the Subject Property under N.D.C.C. § 32-16-22 and distribute the net proceeds among the parties according to their respective interests, subject to the accounting set forth below.

☐ 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. Because the Subject Property is held by two or more cotenants in which one or more cotenants has an estate of inheritance, and a sale is requested or may be required to avoid an inequitable partition, Plaintiff requests that the Court appoint a referee to obtain an appraisal determining the fair market value of the Subject Property and notify the parties, so that any cotenant may, upon receipt of the appraisal, purchase the interests of the cotenant(s) requesting a sale at the appraised fair market value of the 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.

☐ Plaintiff elects to seek a buyout of the interests of: [____________].
☐ 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 take an accounting among the cotenants and adjust their respective shares (or make up any inequality by additional compensation) to reflect the following equitable claims:

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 referees appointed under N.D.C.C. §§ 32-16-12 and 32-16-13;

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. § 32-16-22 and distributing the net proceeds among the parties according to their respective interests;

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 the costs of this action among the cotenants and awarding reasonable attorney's fees as part of the costs under N.D.C.C. §§ 32-16-45 and 32-16-46; 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. § 32-16-22 (sale where partition cannot be made)
• N.D.C.C. §§ 32-16-45, 32-16-46 (costs of partition; attorney's fees as costs)
• N.D.C.C. § 32-16-49 (cotenant buyout at appraised fair market value)
• Berger v. Repnow, 2025 ND 25 (N.D.C.C. ch. 32-16 controls distribution of jointly owned property; § 32-16-01 standard)

UPHPA STATUS NOTE: North Dakota has NOT enacted the Uniform Partition of Heirs Property Act. Partition is governed by N.D.C.C. ch. 32-16. Section 32-16-49 provides a related but distinct cotenant buyout-at-appraisal remedy for cotenancies including an estate of inheritance.

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.