558.01 PARTITION, SALE; WHO MAY BRING ACTION. When two or more persons are interested, as joint tenants or as tenants in common, in real property in which one or more of them have an estate of inheritance or for life or for years, an action may be brought by one or more of such persons […]
558.02 SUMMONS; SERVICE. The summons shall be addressed by name to all the owners and lienholders who are known, and may also be addressed “to all other persons unknown having or claiming an interest in the property described in the complaint herein.” Service of the summons may be had upon all such unknown persons defendant […]
558.03 COMPLAINT. The complaint shall particularly set forth the interest of all persons in the property, whether by way of ownership or lien, so far as known to the plaintiff; and if any such person, or the person’s share or interest, is unknown to the plaintiff, or is uncertain or contingent, or the ownership of […]
558.04 JUDGMENT FOR PARTITION; REFEREES. Except as provided in section 558.05, the title to the property and the rights of the parties shall be established by evidence or by the written stipulation of the parties to be affected thereby; and thereupon, in a proper case, the court shall render judgment that partition be made accordingly, […]
558.05 DISPUTE BETWEEN DEFENDANTS NO DEFENSE. If the title of the plaintiff to a certain undivided share of the property is proved or admitted, it shall not be a defense that there is a dispute or litigation undetermined between some of the defendants as to the right or title of such defendants in or to […]
558.06 DUTY OF REFEREES; REPORT; EXPENSES. When partition is made, the referees shall divide the property, and allot the several portions thereof to the respective parties, quantity and quality relatively considered, according to their respective rights, designating the several portions by proper landmarks, and may employ a surveyor, with necessary assistants, to aid them therein. […]
558.07 CONFIRMATION OF REPORT; FINAL JUDGMENT. The court may confirm or set aside the report, and, if necessary, appoint new referees. Upon the report being confirmed, final judgment shall be rendered that such partition be effectual forever, and such judgment shall be binding: (1) On all the parties named therein, and their legal representatives, who […]
558.08 PERSONS NOT AFFECTED. Such judgment shall not affect tenants or persons having claims as tenants for life to the whole of the property which is subject of the partition; nor shall such judgment preclude any persons except such as are specified in section 558.07 from claiming title to such property, or from controverting the […]
558.09 LIENS, HOW AFFECTED. When there is a lien on an undivided interest or estate of any of the parties, if partition is made such lien is thenceforth a charge only on the share allotted to such party; but such share shall first be charged with its just proportion of the costs and charges of […]
558.10 COSTS APPORTIONED. The costs, charges, and disbursements of partition shall be paid by the parties respectively entitled to share in the land, and the amounts to be paid by each shall be determined by the court, and specified in the final judgment. Such judgment may be docketed, and payment of such amounts may be […]
558.11 COMPENSATION BECAUSE OF INEQUALITY. When it appears that partition cannot be made equal between the parties without prejudice to the rights or interests of some, the court may adjudge compensation to be made by one to another for equality of partition; but such compensation shall not be required to be made by an unknown […]
558.12 INDIVISIBLE PROPERTY MAY BE SET OFF; OCCUPANCY ASSIGNED. 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 […]
558.13 OCCUPANT LIABLE TO COTENANTS; TRESPASS. When the whole or a specific part of the premises is thus assigned, the person entitled for the time being to the exclusive occupancy shall be liable to the cotenants for any injury thereto occasioned by that person’s misconduct, as a tenant for years under a common lease without […]
558.14 SALE MAY BE ORDERED. Except as provided in section 558.15, if it is alleged in the complaint and established by evidence that the property, or any part of it, is so situated that partition cannot be had without great prejudice to the owners, the court may order a sale of the property or of […]
558.15 LIENS; NEW PARTIES; NO SALE, WHEN. Proof shall be made of the existence, amount, and priority of any liens on the property of which partition is sought in such manner and upon such notice to those interested as the court shall direct. When any person having a lien has not been made a party, […]
558.16 PROCEEDS, HOW APPLIED. The proceeds of the sale of the property shall be applied under the direction of the court as follows: (1) to pay its just proportion of the general costs of the action; (2) to pay the costs of the reference; (3) to satisfy and cancel of record the several liens, if […]
558.17 SALE OF REAL PROPERTY UNDER ACTION FOR PARTITION; NOTICE. The sale may be by public auction to the highest bidder for cash, upon published notice in the manner required for the sale of real property on execution. The notice shall state the terms of the sale; and if the property, or any part of […]
558.18 PERSONS PROHIBITED FROM PURCHASING. Neither the referees, nor any person for the benefit of either of them, shall be interested, directly or indirectly, in any purchase of the premises sold; nor shall a guardian of an infant party be interested in any such purchase, except for the benefit of the infant. All sales contrary […]
558.19 PURCHASE BY PART OWNER. When a party entitled to a share in the property, or an encumbrancer entitled to have a lien paid out of the proceeds of the same, becomes a purchaser, the referees may take the receipt for so much of the proceeds of the sale as belong to the entitled party […]
558.20 REPORT OF SALE. The referees shall report the sale to the court, describing the different parcels sold to each purchaser, and specifying the name of the purchaser, the price paid or secured, and the terms and conditions of the sale, which report shall be filed with the court administrator. History: (9543) RL s 4411; […]
