North Dakota Century Code

N.D. Cent. Code § 32-16-01 (2026)

When may be brought

✓ current as of May 2026

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When several cotenants hold and are in possession of real or personal property as partners, joint tenants, or tenants in common, in which one or more of them have an estate of inheritance, or for life or lives, or for years, an action may be brought by one or more of such persons for a partition thereof according to the respective rights of the persons interested therein and for a sale of such property or a part thereof, if it appears that a partition cannot be made without great prejudice to the owners. Real and personal property may be partitioned in the same action.

Notes of Decisions

Cited in 21 cases (6 in the last 5 years), 1970–2026 · leading case: Treiber v. Citizens State Bank, 598 N.W.2d 96 (N.D. 1999).

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Treiber v. Citizens State Bank, 598 N.W.2d 96 (N.D. 1999). · cites it 26× “We affirm, holding partition under N.D.C.C. § 32-16-01 is available only when there are cotenants with current possessory interests in the property- I [¶ 2] In 1975, Fred Treiber deeded a tract of land in Morton County to his three children, reserving a life estate to his wife,…”

Schnell v. Schnell, 346 N.W.2d 713 (N.D. 1984). · cites it 8× “North Dakota Century Code § 32-16-01; Berg v. Kremers, 181 N.W.2d 730, 732 (N.”

City of Harwood v. The City of Reiles Acres, 2015 ND 33 (N.D. 2015). · cites it 4× “§ 32-16-05. “No person having a conveyance of, or claiming a lien on, the property, or some part of it, need be made a party to the action, unless such conveyance or lien appears of record.”

McKechnie v. Berg, 2003 ND 136 (N.D. 2003). · cites it 2× “Section 32-16-01, N.D.C.C., provides: When several cotenants hold and are in possession of real or personal property *632 as partners, joint tenants, or tenants in common, in which one or more of them have an estate of inheritance, or for life or lives, or for years, an action…”

Brown v. Brown, 1999 ND 199 (N.D. 1999). · cites it 2× “Nevertheless, as co-owner of the mobile home, Letitia Brown may be able to force the sale of the mobile home under N.D.C.C. § 32-16-01. See Schnell v. Schnell, 346 N.”

Schmidt v. Wittinger, 2004 ND 189 (N.D. 2004). · cites it 4× “II [¶ 5] On appeal, Alfred Wittinger asserts the trial court erred in ordering a partition sale rather than a partition in kind.”

In Re Est. of Loomer, 2010 ND 93 (N.D. 2010). · cites it 2× “Section 32-16-01, N.D.C.C., authorizes proceedings to partition property “according to the respective rights of the persons interested therein and for a sale of such property or a part thereof, if it appears that a partition cannot be made without great prejudice to the owners.”

Beach Railport, LLC v. Michels, 2017 ND 240 (N.D. 2017). · cites it 3× “Section 32-16-01, N.D.C.C., authorizes proceedings to partition property “according ■ to the respective rights of the persons interested therein and for a sale of such property or a part thereof, if it appears that a -partition cannot be made without great prejudice to the…”

Nelson v. Nelson, 2018 ND 212 (N.D. 2018). · cites it 2× “[¶ 13] Furthermore, Steven Nelson and Nelson-Hom's argument that the lack of capacity and undue influence claims are irrelevant to this proceeding because the property would be sold and the proceeds divided equally under either scenario ignores the nature of their action.”

Ceynar v. Ceynar, 2025 ND 53 (N.D. 2025). · cites it 2× “While the court used the word “partition” several times in its memorandum decision, it did not undertake a partition analysis or apply the law of partition under N.”

Berger v. Repnow, 2025 ND 25 (N.D. 2025). · cites it 6× “Under N.D.C.C. § 32-16-01, When several cotenants hold and are in possession of real or personal property as partners, joint tenants, or tenants in common, in which one or more of them have an estate of inheritance, or for life or lives, or for years, an action may be brought by…”

Berg v. Kremers, 181 N.W.2d 730 (N.D. 1970). · cites it 2× “As stated in Section 32-16-01, N. D.C.C., partition is a matter of right when several cotenants are in possession of real property as tenants in common.”

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