Title Minnesota Statutes, Minnesota Statutes

558.04 JUDGMENT FOR PARTITION; REFEREES. Except as provided in section 558.05, the title to the property and the rights of the parties shall be established by evidence or by the written stipulation of the parties to be affected thereby; and thereupon, in a proper case, the court …

558.05 DISPUTE BETWEEN DEFENDANTS NO DEFENSE. If the title of the plaintiff to a certain undivided share of the property is proved or admitted, it shall not be a defense that there is a dispute or litigation undetermined between some of the defendants as to the right or title of …

558.06 DUTY OF REFEREES; REPORT; EXPENSES. When partition is made, the referees shall divide the property, and allot the several portions thereof to the respective parties, quantity and quality relatively considered, according to their respective rights, designating the several p…

558.07 CONFIRMATION OF REPORT; FINAL JUDGMENT. The court may confirm or set aside the report, and, if necessary, appoint new referees. Upon the report being confirmed, final judgment shall be rendered that such partition be effectual forever, and such judgment shall be binding: (…

558.08 PERSONS NOT AFFECTED. Such judgment shall not affect tenants or persons having claims as tenants for life to the whole of the property which is subject of the partition; nor shall such judgment preclude any persons except such as are specified in section 558.07 from claimi…

558.09 LIENS, HOW AFFECTED. When there is a lien on an undivided interest or estate of any of the parties, if partition is made such lien is thenceforth a charge only on the share allotted to such party; but such share shall first be charged with its just proportion of the costs …

558.10 COSTS APPORTIONED. The costs, charges, and disbursements of partition shall be paid by the parties respectively entitled to share in the land, and the amounts to be paid by each shall be determined by the court, and specified in the final judgment. Such judgment may be doc…

558.11 COMPENSATION BECAUSE OF INEQUALITY. When it appears that partition cannot be made equal between the parties without prejudice to the rights or interests of some, the court may adjudge compensation to be made by one to another for equality of partition; but such compensatio…

558.12 INDIVISIBLE PROPERTY MAY BE SET OFF; OCCUPANCY ASSIGNED. When the premises consist of a mill or other tenement which cannot be divided without damage to the owners, or when any specified part is of greater value than either party's share, and cannot be divided without dama…

558.13 OCCUPANT LIABLE TO COTENANTS; TRESPASS. When the whole or a specific part of the premises is thus assigned, the person entitled for the time being to the exclusive occupancy shall be liable to the cotenants for any injury thereto occasioned by that person's misconduct, as …

558.14 SALE MAY BE ORDERED. Except as provided in section 558.15, if it is alleged in the complaint and established by evidence that the property, or any part of it, is so situated that partition cannot be had without great prejudice to the owners, the court may order a sale of t…

558.15 LIENS; NEW PARTIES; NO SALE, WHEN. Proof shall be made of the existence, amount, and priority of any liens on the property of which partition is sought in such manner and upon such notice to those interested as the court shall direct. When any person having a lien has not …

558.16 PROCEEDS, HOW APPLIED. The proceeds of the sale of the property shall be applied under the direction of the court as follows: (1) to pay its just proportion of the general costs of the action; (2) to pay the costs of the reference; (3) to satisfy and cancel of record the s…

558.17 SALE OF REAL PROPERTY UNDER ACTION FOR PARTITION; NOTICE. The sale may be by public auction to the highest bidder for cash, upon published notice in the manner required for the sale of real property on execution. The notice shall state the terms of the sale; and if the pro…

558.18 PERSONS PROHIBITED FROM PURCHASING. Neither the referees, nor any person for the benefit of either of them, shall be interested, directly or indirectly, in any purchase of the premises sold; nor shall a guardian of an infant party be interested in any such purchase, except…

558.19 PURCHASE BY PART OWNER. When a party entitled to a share in the property, or an encumbrancer entitled to have a lien paid out of the proceeds of the same, becomes a purchaser, the referees may take the receipt for so much of the proceeds of the sale as belong to the entitl…

558.20 REPORT OF SALE. The referees shall report the sale to the court, describing the different parcels sold to each purchaser, and specifying the name of the purchaser, the price paid or secured, and the terms and conditions of the sale, which report shall be filed with the cou…

558.21 FINAL JUDGMENT ON CONFIRMING REPORT. If the sale is confirmed by the court, final judgment shall be entered directing the referees to execute conveyances pursuant thereto, and also directing the application of the proceeds of the sale. History: (9544) RL s 4412

558.215 ORDERS, INTERLOCUTORY JUDGMENTS; APPEALS. Any party to any partition proceedings may appeal from any order or interlocutory judgment made and entered pursuant to section 558.04, 558.07, 558.14, or 558.21, to the court of appeals within 30 days after the making and filing …

558.22 CLAIMS TO PROCEEDS, HOW DETERMINED. When the proceeds of sale of any shares belonging to parties to the action who are known are paid into court the action may be continued as between them for the determination of their respective claims thereto. Further testimony may be t…

558.23 RECORD AND EFFECT OF CONVEYANCES. The conveyances executed by the referees shall be recorded and shall bar all parties to the action, including all persons having liens, specific or general, against the property, and all persons unknown, interested in the property, to whom…

558.24 SALE OF PART; LIFE ESTATE OR FOR YEARS. When a part of the property only is ordered to be sold, if there is an estate for life or for years in an undivided share of the property, the whole of such estate may be set off in any part of the property not ordered sold. History:…

558.25 ESTATE FOR LIFE OR YEARS, MAY BE SET OFF OR SOLD. When the estate of a tenant for life or for years in the whole or any part of the property has been proved or admitted to exist at the time of the order for sale, and the person entitled thereto has been made a party, such …

558.26 SUM IN LIEU OF ESTATE; INVESTING PROCEEDS; UNKNOWN PARTIES. Such person whose estate has been so sold shall be entitled to receive such sum in gross as may be deemed, upon principles of law applicable to annuities, a reasonable satisfaction therefor. That person's written …

558.27 FUTURE ESTATES. When it appears that any person has a vested or contingent future right or estate in any of the property divided or sold, the court shall ascertain and settle the proportionate value thereof according to the principles of law applicable to annuities and sur…

558.28 RELEASE OF CONTINGENT INTEREST. A married person may release to a spouse a contingent interest in real estate by a writing executed and acknowledged in the same manner as a conveyance, and, upon the filing of the instrument with the court administrator, the whole proceeds …

558.29 INVESTMENT OF PROCEEDS. When there are proceeds of sale belonging to an unknown owner, or to a person without the state who has no representative within it, or when there are proceeds arising from the sale of property including the prior estate of a tenant for life or for …

558.30 SHARE OF INFANT, HOW PAID. When the share of an infant is sold, that share of the proceeds may be paid by the referees making the sale to the infant's general guardian, or to the special guardian appointed for the infant in the action, if the guardian has given the securit…

558.31 SHARE OF PERSON WHO LACKS MENTAL CAPACITY. When the share of a person who lacks the mental capacity to make decisions, or other person adjudged to lack the mental capacity to conduct the person's own affairs, is sold, that person's share of the proceeds may be paid by the …

558.32 PROCEEDINGS WHEN STATE A PARTY. The state may be made a party to an action for the sale or partition of real property, in which case the summons and complaint shall be served upon the attorney general, who shall appear on behalf of the state. History: (9555) RL s 4423