Minnesota Statutes

Minn. Stat. § 558.04 (2026)

Judgment For Partition; Referees

✓ current as of May 2026

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Except as provided in section 558.05, the title to the property and the rights of the parties shall be established by evidence or by the written stipulation of the parties to be affected thereby; and thereupon, in a proper case, the court shall render judgment that partition be made accordingly, and shall appoint three disinterested and judicious citizens of the county as referees to make partition and set off the shares of the several persons interested as determined by the judgment.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1950–2025 · leading case: Glenwood Inv. Props., L.L.C. v. Carroll A. Britton Fam. Trust, 765 N.W.2d 112 (Minn. Ct. App. 2009).

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Glenwood Inv. Props., L.L.C. v. Carroll A. Britton Fam. Trust, 765 N.W.2d 112 (Minn. Ct. App. 2009). · cites it 16× “” Minn.Stat. § 558.04 (2008). Section 558.04 also provides that, “in a proper case, the court shall render judgment that partition be made accordingly, and shall appoint three disinterested and judicious citizens of the county as referees to make partition and set off the shares…”

Beebout v. Beebout, 447 N.W.2d 465 (Minn. Ct. App. 1989). · cites it 2× “215 (1988), which states: Any party to any partition proceedings may appeal from any order or interlocutory judgment made and entered pursuant to section 558.04, 558.07, 558.04, or 558.21, to the court of appeals within 30 days after the making and filing of the order or…”

Anderson v. Anderson, 560 N.W.2d 729 (Minn. Ct. App. 1997). · cites it 2× “Minn. Stat. § 558.04 (1996). Here, it was not necessary to appoint referees because the property has clearly defined undisputed property lines and both parties agreed that it was not appropriate to break up parcels 1 and 2.”

Swogger v. Taylor, 68 N.W.2d 376 (Minn. 1955). “19 See, §§ 558.04 and 558.12; Hayden v. Newman, 229 Wis.”

Wendy Sills v. Kevin Thomes (Minn. Ct. App. 2025). · cites it 26× “SYLLABUS A district court’s order that does not determine the parties’ respective rights in real property pursuant to Minn. Stat. § 558.04 (2024) is not immediately appealable under Minn.”

Lowe v. Patterson, 120 N.W.2d 313 (Minn. 1963). “In the light of appellant’s answer praying for a partition, we believe counsel was justified in entering the stipulation complained of, and that it constituted a stipulation of the parties within the meaning of § 558.04. While Mrs. Patterson asserts that the answer interposed by…”

Lowe v. Patterson, 135 N.W.2d 38 (Minn. 1965). · cites it 2× “In the light of appellant’s answer praying for a partition, we believe counsel was justified in entering the stipulation complained of, and that it constituted a stipulation of the parties within the meaning of § 558.04. * * * In. any case, she [Helen A.”

Laurie J. Akermark (fna: Frost) v. Bradley G. Stoeckel (Minn. Ct. App. 2023). · cites it 4× “Minn. Stat. § 558.04 (2022). The referee is not required to make and report findings of evidentiary facts.”

Neumann v. Anderson, 916 N.W.2d 41 (2018). “" Minn. Stat. § 558.04 (2016). The partition statute also specifies the manner in which court-appointed referees shall discharge their duties: When partition is made, the referees shall divide the property, and allot the several portions thereof to the respective *49 parties,…”

Johnson v. Giese, 40 N.W.2d 909 (Minn. 1950). “215, which provides for appeals from any order or interlocutory judgment made and entered pursuant to §§ 558.04, 558.07, 558.14, or 558.21, relating to partition proceedings.”

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