North Dakota Century Code

N.D. Cent. Code § 32-16-41 (2026)

Compensation for inequality

✓ current as of May 2026

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When it appears that the partition cannot be made equal between the parties according to their respective rights without prejudice to the rights and interests of some of them, and a partition is ordered, the court may adjudge compensation to be made by one party to another on account of the inequality, but such compensation shall not be required to be made to others by owners unknown, nor by an infant, unless it appears that such infant has personal property sufficient for that purpose and that the infant's interest will be promoted thereby. In all cases, the court has power to make compensatory adjustment between the respective parties according to the ordinary principles of equity.

Notes of Decisions

Cited in 7 cases (3 in the last 5 years), 1984–2025 · leading case: Schnell v. Schnell, 346 N.W.2d 713 (N.D. 1984).

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Schnell v. Schnell, 346 N.W.2d 713 (N.D. 1984). · cites it 14× “Furthermore, owelty, NDCC § 32-16-41, may be employed in certain instances to bring about an equitable partition.”

McKechnie v. Berg, 2003 ND 136 (N.D. 2003). · cites it 2× “Compensation for inequality in the rights and interests of the parties is addressed under N.D.C.C. § 32-16-41: When it appears that the partition cannot be made equal between the parties according to their respective rights without prejudice to the rights and interests of some…”

Berger v. Repnow, 2025 ND 25 (N.D. 2025). · cites it 4× “Compensation for inequality in parties’ rights and interests is permitted under N.D.C.C. § 32-16-41: When it appears that the partition cannot be made equal between the parties according to their respective rights without prejudice to the rights and interests of some of them,…”

First Trust Co. of North Dakota v. Mast, 385 N.W.2d 104 (N.D. 1986). “, § 32-16-41. Winnifred was designated to get the “home” eighty, subject to paying $675 to the sister receiving the lowest valued eighty.”

Bruce J. Wenzel Est. v. Wenzel, 2008 ND 68 (N.D. 2008). · cites it 2× “[¶ 8] In support of the forced purchase, the Estate cites to N.D.C.C. § 32-16-41, which provides that when partition cannot be made equal between the parties without prejudice to the rights and interests of some of them, and a partition is ordered, “the court may adjudge…”

Tischmak v. Theurer, 2025 ND 235 (N.D. 2025). · cites it 2× “But, when the parties consent, the court may appoint a single referee.”

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