§ 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
§ 32-16-45 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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Terms Used In North Dakota Code > Chapter 32-16 - Action for Partition of Real Property

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appraisal: A determination of property value.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Devise: To gift property by will.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See North Dakota Code 1-01-49
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Verified: means sworn to before an officer authorized to administer oaths. See North Dakota Code 1-01-42