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Chapter 32-16

Action for Partition of Real Property
Section Section Name
32-16-01 When may be brought
32-16-02 What complaint must show
32-16-03 Necessary parties ‑ Only interests of record
32-16-04 Lis pendens required
32-16-05 To whom summons directed
32-16-06 Service by publication ‑ Notice required
32-16-07 Requisites of answers
32-16-08 Title, proofs, and judgment
32-16-09 When partial partition adjudged
32-16-10 Referee to determine outstanding liens
32-16-11 Notice to appear before referee ‑ Service ‑ Report
32-16-12 Sale or partition
32-16-13 Method and rule of partition
32-16-14 Referee's report
32-16-15 Judgment on report ‑ Effect
32-16-16 What tenants not affected
32-16-17 Payment of expenses
32-16-18 Liens follow owner's share
32-16-19 Certain estates set off
32-16-20 How proceeds of encumbered property applied
32-16-21 Lienor having other security
32-16-22 Distribution by referee
32-16-23 Part of action continued
32-16-24 How sales made
32-16-25 Terms of sale fixed by court
32-16-26 Security for purchase money
32-16-27 Estate for life or years ‑ Compensation
32-16-28 Compensation when consent not given
32-16-29 Compensation when tenant unknown
32-16-30 Value of future estates settled by court
32-16-31 Terms of sale made known at time of sale ‑ Separate parcels
32-16-32 Who can purchase
32-16-33 Report of sale
32-16-34 Order to convey
32-16-35 Interested party may apply share on purchase price
32-16-36 Record and bar of conveyance
32-16-37 Investment of unknown owner's or nonresident's share
32-16-38 Securities taken in name of clerk
32-16-39 Securities ‑ When taken ‑ The name of parties
32-16-40 Clerk's duty
32-16-41 Compensation for inequality
32-16-42 To whom infant's share paid
32-16-43 Share of insane and incompetent
32-16-44 Guardian may consent to partition without action
32-16-45 Costs, fees, and disbursements
32-16-46 Single referee
32-16-47 Abstract of title ‑ How cost paid
32-16-48 Interest on disbursements
32-16-49 Buyouts

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