Minnesota Statutes
Minn. Stat. § 558.01 (2026)
Partition, Sale; Who May Bring Action
✓ current as of May 2026
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When two or more persons are interested, as joint tenants or as tenants in common, in real property in which one or more of them have an estate of inheritance or for life or for years, an action may be brought by one or more of such persons against the others for a partition thereof according to the respective rights and interests of the parties interested therein, or for a sale of such property, or a part thereof, if it appears that a partition cannot be had without great prejudice to the owners.
Notes of Decisions
Cited in 24
cases (2 in the last 5 years), 1943–2025 · leading case: Swogger v. Taylor, 68 N.W.2d 376 (Minn. 1955).
Swogger v. Taylor, 68 N.W.2d 376 (Minn. 1955). “) What equitable jurisdiction in partition did the district court possess prior to the enactment of our partition act (§§ 558.01 to 558.82) and what effect, if any, did this act have upon that jurisdic *463 tion? The Organic Act for the establishment of the territory of…”
In Re Est. of Ablan, 591 N.W.2d 725 (Minn. Ct. App. 1999). “See Minn.Stat. § 558.01 (1998). This statute is not limited to property interests created in a will or trust.”
Cnty. of Blue Earth v. Turtle, 593 N.W.2d 258 (Minn. Ct. App. 1999). “By statute: When two or more persons are interested, as joint tenants or as tenants in common, in real property in which one or more of them have an estate of inheritance or for life or for years, an action may be brought by one or more of such persons against the others for a…”
Searles v. Searles, 420 N.W.2d 581 (Minn. 1988). “*583 An action for partition will lie “[wjhen,” as Minn.Stat. § 558.01 (1986) states, “two or more persons are interested, as joint tenants or as tenants in common, in real property * * * ” and one of the parties wants the land either divided in kind or, if this is not feasible,…”
Ann H. O'Hagan v. United States, 86 F.3d 776 (8th Cir. 1996). “O’Hagan would not have been allowed to bring a partition action under Minn.Stat. § 558.01. The Supreme Court of Minnesota long ago held that the law will not allow a spouse with an interest in homestead property, either as a tenant in common or a joint tenant, to do indirectly…”
Beebout v. Beebout, 447 N.W.2d 465 (Minn. Ct. App. 1989). “Minn.Stat. §§ 558.01; 558.14 (1988); Swogger v.”
Freundschuh v. Freundschuh, 559 N.W.2d 706 (Minn. Ct. App. 1997). “Minn.Stat. § 558.01 (1994). The common ownership required by statute may be based on either legal title or equitable title.”
Ferguson v. Shea, 374 N.W.2d 575 (Minn. Ct. App. 1985). “Minn.Stat. § 558.01 (1982) requires that plaintiff have “an estate of inheritance or for life or for years” in the property.”
Anderson v. Anderson, 560 N.W.2d 729 (Minn. Ct. App. 1997). “Minn.Stat. §§ 558.01, 558.14 (1996); Swogger , 243 Minn, at 467, 68 N.”
Hoverson v. Hoverson, 12 N.W.2d 501 (Minn. 1943). “1941, § 558.01 (Mason St. 1927, § 9524), plaintiffs prevailed.”
Reedquist v. McKay, 540 B.R. 388 (Bankr. D. Minn. 2015). “The Court reaches this conclusion even acknowledging that Reedquist did not cite Minnesota partition law — in particular Minn.Stat. § 558.01 — in her complaint. That omission does not mean Reedquist is not actually bringing a partition action.”
Marian v. Swanson v. Terrence K. Swanson (Minn. Ct. App. 2014). “The owner of a fee simple interest in real property is not a tenant in common with the owner of a remainder interest under Minn. Stat. § 558.01 (2012). OPINION CLEARY, Chief Judge Respondent brought an action to partition property under Minn.”
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