North Dakota Code § 32-16-01

When may be brought
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When several cotenants hold and are in possession of real or personal property as 
partners, joint tenants, or tenants in common, in which one or more of them have an estate of 
inheritance, or for life or lives, or for years, an action may be brought by one or more of such 
persons for a partition thereof according to the respective rights of the persons interested 
therein and for a sale of such property or a part thereof, if it appears that a partition cannot be 
made without great prejudice to the owners. Real and personal property may be partitioned in 
the same action.

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