In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
A partition agreement divides, or partitions, a married couple's community estate into two separate estates. It is sometimes called a post-nuptial or post-marital agreement and is similar to a prenuptial agreement, except that it is executed by a married couple.
To win a partition action can take anywhere from a couple of months to reach a settlement agreement to a year or more if it goes to a court trial.
The process of partition action starts with one or more owners filing a petition in court. The court then examines the real estate details and the owners' interests to decide on the best division method.
Minnesota Partition Law They can either come to an agreement to voluntarily split the property by negotiating a contract, or they can file a petition for partition. In the partition action complaint in Minnesota, they must show that they own the property and no longer wish to, and the court will hear the case.
Who is responsible for paying the mortgage registry and deed taxes? The mortgagor (borrower) is liable for the MRT, while the seller is liable for the deed tax.