Dividing Joint Real Estate in Minnesota Outside of Marriage/Divorce (Partition): Q & A

Couples/families delay or forgo marriage for many reasons. But they can and do still buy real property regardless of marital status. This can include any real property such as houses, cabins, commercial buildings or land parcels. If the relationship ends, the joint owners of real property must navigate dividing it up. When they are not married, there is no divorce case in which Family Court can deal with real property. The Civil Court process of dividing real property owned by unmarried individuals is called “Partition.” It is governed by the Minnesota Partition Act (Minn. Stat. § 558A) and the Minnesota Rules of Civil Procedure. Below are some of the most common questions clients have regarding Partitions, and their answers. 1. I was served Court paperwork related to the Property I jointly own. What do I need to do? By law, you must serve an Answer and Counter Petition upon the other party; you must do so within 21 days of service upon you. If you fail to do so, you could be found in default, and the Court could grant Plaintiff’s requests without your input. Your Answer and Counter Petition responds to the Plaintiff’s allegations and claims, then states your own allegations and claims. This is your initial chance to tell the Court…