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southwest minn | The petition must always be granted to begin the court process.
Legal rule is to divide the real estate in kind physically if practicable, boot may be required among owners to equalize the share values; if not feasible to divide [ex. one house] sell it and divide proceeds.
If contested in court : court appoint 3 referees who study the situation, have appraisals, etc. and make a recommendation to judge [often followed by judge entirely or mostly]. Takes 1-2 years, owners pay all referees' costs and their own legal fees. Expensive and unpleasant. | |
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partition action
