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.<\/p>\n\n\n\n
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 \u201cPartition.\u201d<\/strong> It is governed by the Minnesota Partition Act (Minn. Stat. \u00a7 558A) and the Minnesota Rules of Civil Procedure.<\/p>\n\n\n\n Below are some of the most common questions clients have regarding Partitions, and their answers.<\/p>\n\n\n\n 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\u2019s requests without your input.<\/strong><\/p>\n\n\n\n Your Answer and Counter Petition responds to the Plaintiff\u2019s allegations and claims, then states your own allegations and claims. This is your initial chance to tell the Court your version of the story, and how you would like the case resolved.<\/p>\n\n\n\n No. There is no legal requirement that the Property be sold. In fact, the law in Minnesota disfavors sale, especially when there is a sentimental or general connection to the Property, and when it is being used as a primary residence.<\/p>\n\n\n\n Even so, sometimes practical considerations necessitate sale. (Example: neither party is financially able to buy the other out.)<\/p>\n\n\n\n Typically, one of the following happens, either by agreement or Court order: <\/p>\n\n\n\n Either the parties agree, or the matter goes to trial before a Judge. Often a separate, neutral professional called a \u201cReferee\u201d is hired to investigate and write a report. The Referee\u2019s report contains the facts that the Referee gathered plus recommendation(s) to the Court on how to handle the Property. Each party has the right to ask the Court to \u201cconfirm\u201d or \u201cset aside\u201d the Referee\u2019s report.<\/p>\n\n\n\n Some considerations for dividing equity or sale proceeds are: <\/p>\n\n\n\n No. You can resolve a Partition outside of Court. Most cases settle, and settlement is typically faster and cheaper than litigation. This can be done without any Court involvement, or while a case is working itself through the Court system. The most common paths to resolution are:<\/p>\n\n\n\n Generally, a title owner of the Property has a right to access the Property. Access includes coming and going and residing there if it is residential. If both parties are on the Deed\/Certificate of Title, neither can kick the other out prior to a Court order in the Partition case or mutual agreement.<\/p>\n\n\n\n If one party is not a title owner, they may still have rights to occupy the Property as a tenant under Minnesota housing law. This is especially true if they have been contributing financially, like paying for a portion of the mortgage\/utilities.<\/p>\n\n\n\n Either way, it is best to speak with an attorney about this question before taking action.<\/p>\n\n\n\n1. I was served Court paperwork related to the Property I jointly own. What do I need to do?<\/h2>\n\n\n\n
2. I own a home with my partner, and we are breaking up. What basic information do I need?<\/h2>\n\n\n\n
3. How is the Property divided up? Does it have to be sold?<\/h2>\n\n\n\n
4. How do I get back the money I put into the Property?<\/h2>\n\n\n\n
5. Who decides how much money each party receives out of the Property? What is a \u201cfair division\u201d of equity or sale proceeds?<\/h2>\n\n\n\n
6. Do we have to go to Court to resolve this? Will we both end up spending a ton on lawyers?<\/h2>\n\n\n\n
7. Can I kick out the other party while the Partition is happening? Or can they kick me out?<\/h2>\n\n\n\n
8. What can I do to set myself up for success in a Partition?<\/h2>\n\n\n\n
9. I have more questions. If I want to speak with a lawyer about my Partition, who should I contact?<\/h2>\n\n\n\n