Title Minnesota Statutes, Minnesota Statutes

558A.05 LIENS. Upon request of the parties the court has the authority to shift property interest or liens from one property or part of a property to another property as part of the partition. In that case, the lien holder shall be made a party to the action. This provision does …

558A.06 SUMMONS; SERVICE. § Subdivision 1.Form of summons. The summons shall be addressed by name to all the owners and lienholders who are known, and may also be addressed to all other persons unknown having or claiming an interest in the property described in the complaint here…

558A.07 COMPLAINT. The complaint shall particularly set forth the interests of all persons in the property, whether by way of ownership or lien, so far as known to the plaintiff; and if any such person, or the person's share or interest, is unknown to the plaintiff, or is uncerta…

558A.08 JUDGMENT FOR PARTITION; REFEREES. Except as provided in section 558A.09, 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 cour…

558A.09 DISPUTE BETWEEN PARTIES IS 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 parties as to the right or title of su…

558A.10 DUTY AND POWERS OF REFEREE; REPORT; EXPENSES. When a partition is ordered, the referee or referees shall sell the property by any means to assure the highest and best price, under the most favorable terms. If the court orders partition in kind, the referee or referees sha…

558A.11 CONSIDERATIONS FOR PARTITION IN KIND. (a) In determining whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider the following: (1) whether the property practicably can be divided among the cotenants; (2) whether …

558A.12 REPORT OF OPEN-MARKET SALE. The referee or referees shall file a report with the court containing the following information: (1) a description of the property to be sold to each buyer; (2) the name of each buyer; (3) the proposed purchase price; (4) the terms and conditio…

558A.13 REFEREE'S REPORT AS EVIDENCE. The court shall accept the referee's report unless the party seeking to set aside or modify the report can demonstrate that the report is clearly and palpably against the evidence, by a preponderance of the evidence that clearly suggests a mi…

558A.14 SALE AUTHORIZATION. The sale may be in a manner recommended by the referee or referees' report, if any, and approved by the court to be commercially reasonable to bring about the highest and best price, at the best terms. The sale and terms shall be approved by the court …

558A.15 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 referee may take the receipt for so much of the proceeds of the sale as belong to the entitl…

558A.16 REPORT OF SALE. The referee or 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 …

558A.17 CONFIRMATION OF REPORT; FINAL JUDGMENT. The court may confirm or set aside the referee or referees' report under section 558A.13, and, if necessary, appoint a new referee or referees. Upon the report being confirmed, final judgment shall be rendered that such partition be…

558A.18 LIENS; HOW AFFECTED. When there is a lien on an undivided interest or estate of any of the parties, if partition in kind is made such lien is thenceforth a charge only on the share allotted to such party or parties. The lien shall be paid from the proceeds of the sale, or…

558A.19 ATTORNEY FEES AND COSTS APPORTIONED. The attorney fees, costs, charges, and disbursements of sale or in kind partition may be paid from the sale proceeds in the case of a sale, or against a party or parties respectively entitled to share in the land, and in the case of an…

558A.20 COMPENSATION BECAUSE OF INEQUALITY. When it appears that partition in kind 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. History: 20…

558A.21 INDIVISIBLE PROPERTY MAY BE SET OFF. When the premises consist of property 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 damage to the owners, the whole premises…

558A.22 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 referee; (3) to pay all legal fees and costs awarde…

558A.23 ORDER CONFIRMING SALE. The order confirming the sale of the property, together with the deed executed by the referee or referees, shall be accepted for recording and act as a valid, final, and conclusive transfer of all interests under sections 558A.24 and 558A.27 as stat…

558A.24 RECORD AND EFFECT OF CONVEYANCES. The conveyances executed by the referee or referees shall be recorded and shall be binding on all parties to the action, including all persons having liens, specific or general, against the property, and all persons unknown, interested in…

558A.25 PERSONS PROHIBITED FROM PURCHASING. § Subdivision 1.Referee may not purchase property. No referee, nor any person for the benefit of any referee, shall be interested, directly or indirectly, in any purchase of the premises sold. § Subd. 2.Other compensation. This provisio…

558A.26 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 …

558A.27 ORDERS; INTERLOCUTORY JUDGMENTS; APPEALS. Any party to any partition proceedings may appeal from any order or interlocutory judgment made and entered pursuant to section 558A.08, 558A.14, 558A.16, or 558A.17, to the court of appeals within 30 days after the making and fil…

558A.28 PROCEEDS DUE UNKNOWN OWNER. Proceeds of sale belonging to an unknown owner shall be paid to the court administrator subject to further orders of the court. History: 2025 c 2 art 2 s 28

558A.29 GUARDIAN AD LITEM; WHEN APPOINTED. Upon the petition of any party, or of any person interested in the proceeding, or on its own initiative, the court shall appoint a disinterested person to act as guardian ad litem for minors, and other persons under disability, and for a…