Minn. Stat. » CHAPTER 558. PARTITION OF REAL PROPERTY
Minnesota Statutes

Minn. Stat. § 558.12 (2026)

Indivisible Property May Be Set Off; Occupancy Assigned

✓ current as of May 2026
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When the premises consist of a mill or other tenement which cannot be divided without damage to the owners, or when any specified part is of greater value than either party's share, and cannot be divided without damage to the owners, the whole premises or the part so incapable of division may be set off to any party who will accept it, that party paying to one or more of the others such sums of money as the referees award to make the partition just and equal; or the referees may assign the exclusive occupancy and enjoyment of the whole or of such part to each of the parties alternately for specified times, in proportion to their respective interests.

Notes of Decisions
Cited in 3 cases, 1986–2018 · leading case: Neumann v. Anderson, 916 N.W.2d 41 (2018).
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Neumann v. Anderson, 916 N.W.2d 41 (2018). “Minn. Stat. § 558.12 (2016). The pertinent statute provides: When the premises consist of a mill or other tenement which cannot be divided without damage to the owners, or when any specified part is of greater value than either party's share, and cannot be divided without damage…”
Donald A. Rask v. James Rask, Gary Rask, Bell State Bank & Trust, d/b/a Bell Mortg. (Minn. Ct. App. 2016). · cites it 2× “Minn. Stat. § 558.12 (2012). The pertinent statute provides: When the premises consist of a mill or other tenement which cannot be divided without damage to the owners, or when any specified part is of greater value than either party’s share, and cannot be divided without damage…”
Marriage of Cozzi v. Cozzi, 391 N.W.2d 25 (Minn. Ct. App. 1986). · cites it 2× “Minn.Stat. § 558.12, §§ 558.14-558.31 (1984).”
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