Rule 96.20.Where Sale Shall be Held.
Part III · Rule 96: Partition of Real and Personal Property · Last amended January 1, 1981 · Last verified July 22, 2026
Full Text of Rule 96.20
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Official Comment
This is new. Compare: Prior Rule 96.37.
Plain-English Summary
Rule 96.20 answers a logistical question that becomes important whenever partitioned land does not sit neatly inside one county: where does the actual sale take place? The rule provides three scenarios, each with its own answer.
If the land is located entirely within one county, the sale must be held in that county. There is no ambiguity in the simplest case.
If the land spans more than one county but the parcels are contiguous — meaning they form one connected piece of property even though a county line runs through it — the sale may be held in any county where part of the land is located. This gives flexibility for property that functions as a single tract despite crossing a county boundary.
The third scenario covers land located in more than one county but in separate, non-contiguous tracts. Here, the rule does not leave the choice to convenience or habit; instead, the sale or sales must be held in whichever county or counties among those touched by the land the court designates. This gives the court control over where geographically scattered tracts get sold, ensuring the process fits the specific facts of each case instead of defaulting to a single fixed rule.
Frequently Asked Questions
Where is a partition sale held if the land is in only one county?
The sale must be held in that county.
What if the land spans multiple counties but is one contiguous piece?
The sale may be held in any county where part of the land is located.
What if the land consists of separate tracts in different counties?
The sale or sales are held in the county or counties among those touched by the land that the court designates.
Who decides where separate, non-contiguous tracts get sold?
The court makes that designation.
Does this rule address the timing or notice of the sale?
No, timing and notice are addressed separately in Rule 96.19 and Rule 96.21.