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Property: Sale or Partition

Quick Facts

Equitable property division may require property be sold or partitioned.
Equitable division does not necessarily mean equal division of property.

In order to facilitate an equitable division or award of the marital property in a divorce, the court may require property to be sold or partitioned as necessary.

Personal property may be ordered sold as directed by the court, and real estate may be partitioned in the manner provided by Minnesota statutes.

Partitioning real property is a process where the court divides the land into pieces that represent the proportions of interest of each owner. In the case of spouses, the court may be dividing the property from joint ownership, which is indivisible, into communal ownership (tenants in common), which is (more easily) divisible. See: types of ownership.