Legal Question in Real Estate Law in Minnesota

Re: equity ownership in property

When non-married persons own real property together, but no longer agree on either owning the property, the value of their respective interests, or on how to dispose of the property, then partition is the appropriate remedy. In a partition action, the court typically determines (1) the value of each parties' interest in the property (if it is something other than 50/50); and (2) how each party will realize that interest, i.e., either through a sale or buyout.

Therefore, contrary to your question, a suit for partition would not necessarily result in sale of the home; it could result in your ability to buy the other party out after each party's interests in the property are determined. In addition, your assertion that the other party's interest in the property is less than 50/50 would have to be established in the same action. Note, an express contract between the parties regarding the value of their interests and disposition of the property may control. You should consult an experienced real estate attorney before making any decisions regarding the property or this dipute.