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, the court may make an order requiring that person to appear and become a party defendant, and no such person can be affected by a sale unless made a party. If there are liens on the property amounting to more than its value as alleged in the complaint, or if it appears probable after examination that the property will not sell for a sum in cash equal to the amount of such liens, with costs and expenses, no sale shall be ordered; but, if such liens do not amount to the value of the property as admitted or proved, the court may order a sale, and in such case the sale shall not be delayed by the proceedings to ascertain the priority of the liens.
(9538) RL s 4406; 1986 c 444
Structure Minnesota Statutes
Chapters 553 - 566 — Declaratory, Corrective And Administrative Remedies
Chapter 558 — Partition Of Real Property
Section 558.01 — Partition, Sale; Who May Bring Action.
Section 558.02 — Summons; Service.
Section 558.04 — Judgment For Partition; Referees.
Section 558.05 — Dispute Between Defendants No Defense.
Section 558.06 — Duty Of Referees; Report; Expenses.
Section 558.07 — Confirmation Of Report; Final Judgment.
Section 558.08 — Persons Not Affected.
Section 558.09 — Liens, How Affected.
Section 558.10 — Costs Apportioned.
Section 558.11 — Compensation Because Of Inequality.
Section 558.12 — Indivisible Property May Be Set Off; Occupancy Assigned.
Section 558.13 — Occupant Liable To Cotenants; Trespass.
Section 558.14 — Sale May Be Ordered.
Section 558.15 — Liens; New Parties; No Sale, When.
Section 558.16 — Proceeds, How Applied.
Section 558.17 — Sale Of Real Property Under Action For Partition; Notice.
Section 558.18 — Persons Prohibited From Purchasing.
Section 558.19 — Purchase By Part Owner.
Section 558.20 — Report Of Sale.
Section 558.21 — Final Judgment On Confirming Report.
Section 558.215 — Orders, Interlocutory Judgments; Appeals.
Section 558.22 — Claims To Proceeds, How Determined.
Section 558.23 — Record And Effect Of Conveyances.
Section 558.24 — Sale Of Part; Life Estate Or For Years.
Section 558.25 — Estate For Life Or Years, May Be Set Off Or Sold.
Section 558.26 — Sum In Lieu Of Estate; Investing Proceeds; Unknown Parties.
Section 558.27 — Future Estates.
Section 558.28 — Release Of Contingent Interest.
Section 558.29 — Investment Of Proceeds.
Section 558.30 — Share Of Infant, How Paid.