North Dakota § 32-16-12 Sale or partition

North Dakota Statutes

§ 32-16-12 — Sale or partition

North Dakota § 32-16-12

Title 32Judicial Remedies

Ch. 32-16Action for Partition of Real Property

This text of North Dakota § 32-16-12 (Sale or partition) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 32-16-12 (2026).

Text

If it is alleged in the complaint and established by evidence, or if it appears by the evidence
without such allegation in the complaint, to the satisfaction of the court, that the property, or any
part of it, is so situated that partition cannot be made without great prejudice to the owners, the
court may order a sale thereof. Otherwise, upon the making of requisite proof, it must order a
partition according to the respective rights of the parties as ascertained by the court and appoint
three referees therefor, and must designate the portion to remain undivided for the owners
whose interests remain unknown or unascertained.

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If it is alleged in the complaint and established by evidence, or if it appears by the evidence
without such allegation in the complaint, to the satisfaction of the court, that the property, or any
part of it, is so situated that partition cannot be made without great prejudice to the owners, the
court may order a sale thereof. Otherwise, upon the making of requisite proof, it must order a
partition according to the respective rights of the parties as ascertained by the court and appoint
three referees therefor, and must designate the portion to remain undivided for the owners
whose interests remain unknown or unascertained.