Detailed Answer
In Connecticut, spouses who own real estate are presumed to hold title as tenants by the entirety. Separation alone does not change ownership rights or sever that tenancy. Neither spouse can force partition or sale of real property held as tenants by the entirety.
To bring a partition action, the property must be held as tenants in common or joint tenants. Under Conn. Gen. Stat. § 52-495 (“Persons entitled to partition”), any co-owner named on the deed may sue to divide or sell the real estate: Conn. Gen. Stat. § 52-495.
If you and your spouse hold title as joint tenants or tenants in common, you may file a civil action for partition during separation. The court can:
- Physically divide the land when practical, or
- Order a judicial sale and distribute the proceeds among co-owners.
When property is held as tenants by the entirety, you must first convert that interest to a tenancy in common. The most common methods are:
- A divorce decree that dissolves the tenancy by the entirety and distributes interests under Conn. Gen. Stat. § 46b-81: Conn. Gen. Stat. § 46b-81, or
- A separation agreement approved by the family court that converts title or directs sale.
Filing a partition action before converting entireties title often leads to a dismissal or stay until the divorce is final. Talking to a family or real estate attorney will help you choose whether to pursue a partition action now, negotiate title conversion, or wait for a divorce decree.
Helpful Hints
- Check your deed: Confirm if you and your spouse hold title as tenants by the entirety, joint tenants, or tenants in common.
- Know your tenancy: Tenancy by the entirety requires divorce or agreement to convert before partition.
- Consider a separation agreement: It can convert title or establish terms for sale without litigation.
- Understand timing: The family court distributes property interests at divorce under Conn. Gen. Stat. § 46b-81.
- Seek professional advice: A qualified Connecticut attorney can explain your rights and guide you through partition or divorce proceedings.
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.