Can I ask the court to appoint a commissioner to handle a private sale in a Connecticut partition action?

Short answer: Yes — under Connecticut law a court handling a partition action can order the sale of property and can appoint a neutral person (often called a commissioner or committee) to conduct that sale. A court will carefully review any proposed private sale to ensure the sale is fair, free of self-dealing or conflicts, and likely to return a fair price for all owners. This is an overview of how the process normally works, what the court will consider, and practical steps to take if you want the court to approve a private sale.

Detailed answer — how it works under Connecticut law

Partition actions in Connecticut are equitable proceedings. When co-owners cannot agree, a party can ask the court to divide the property in kind (rarely possible for single-family homes or unique parcels) or to sell the property and divide the proceeds. The court has broad discretion to decide the method of partition and to appoint someone to carry out the sale.

Typical steps and legal considerations:

• Filing the partition action: One co-owner files a complaint asking the court to partition the property. The court will notify all parties and schedule proceedings.
• Court decides sale is appropriate: If division in kind is impractical, the court will order the property sold. The judge may order a public sale (often by auction) or allow a private sale if the court believes that sale method is in the owners’ best interests.
• Appointment of a commissioner or committee: The court can appoint a neutral person — sometimes called a commissioner, committee, or special master — to manage the sale. The appointee’s duties typically include marketing the property, receiving offers, conducting a sale under court supervision, and reporting results back to the court for approval.
• Private sale vs. public sale: A private sale is possible, but the court will ask whether the private sale maximizes value. Courts are cautious about private sales when parties or the commissioner have relationships with the buyer. Courts typically require full disclosure of terms, appraisals or comparable market evidence, and a finding that the sale is reasonably likely to produce a fair market result.
• Conflicts and self-dealing: If a party to the partition or the appointed commissioner is connected to the buyer (family member, business associate, or the buyer is the purchasing co-owner), the court will scrutinize the transaction closely. The court may require independent appraisal, competitive bidding, extra notice to all interested parties, or refuse approval if the deal appears unfair or the price is below market.
• Procedure to obtain court approval: The party seeking the private sale usually files a motion or stipulation proposing sale terms, identifying the proposed commissioner, and attaching relevant documents (purchase contract, broker’s affidavit, appraisal or CMA, and disclosures about relationships). The court may schedule a hearing and allow objections. The commissioner then completes the sale under court supervision and files a report. The court reviews the report and either confirms the sale or may reject it and order a different process.
• Supervision and confirmation: Even after a sale closes, the court retains the power to confirm or set aside the sale if irregularities appear. This protection is especially strong where the sale was not via public auction.

Statutory and procedural sources

Partition actions and the court’s equitable powers are governed by Connecticut law and court rules. For the statutory framework on partition actions, see the Connecticut statutes on partition (see Conn. Gen. Stat. § 52-495 et seq.). You can review Connecticut’s partition statutes here: https://www.cga.ct.gov/current/pub/chap_925.htm. The Connecticut Practice Book and local judicial procedures provide additional guidance about appointment of commissioners, notice, and confirmation hearings.

What the court will look for before approving a private sale

• Evidence that the sale price is fair: independent appraisal, broker’s market analysis, or other evidence of fair market value.
• Clear, full disclosure of relationships between the buyer and any party or the appointed commissioner.
• A neutral, independent commissioner (or an explanation why a proposed commissioner is appropriate) who will act in the best interests of all co-owners.
• Proof that other sale methods were considered (public sale, competitive bidding) and why a private sale is preferable.
• Procedural safeguards: notice to all interested parties, time to object, and a court hearing if requested.

Practical steps if you want the court to appoint a commissioner for a private sale

1. Discuss goals with an attorney experienced in Connecticut partition actions.
2. Obtain a recent appraisal or broker’s opinion of value showing the proposed private sale price is reasonable.
3. Prepare a detailed motion or stipulation for the court that includes the purchase agreement, identity of the proposed commissioner, disclosure of any relationships, and proposed timelines.
4. Offer protections to the court: propose an independent commissioner, require competitive notice, or set minimum bid or reserve price if appropriate.
5. Be ready to participate in a hearing and to respond to objections from other co-owners.
6. If approved, ensure the commissioner files a written report and account for the sale proceeds so the court can confirm and distribute funds.

Common complications and how courts typically handle them

• Low offer from a related buyer: Courts may require an independent appraisal or order a public sale instead.
• Self-dealing by a commissioner: Courts may reject the appointment or require the commissioner to be replaced and may set aside sales where undisclosed self-dealing occurred.
• Disputes over allocation of costs and sale expenses: The court allocates costs equitably; proposed orders should spell out fees, commissions, and distributions.

Helpful hints

• Start with an appraisal: a credible valuation makes it easier to persuade the court to approve a private sale.
• Use an independent, licensed real estate broker or appraiser instead of relying on interested parties’ valuations.
• Disclose everything in writing to the court and opposing parties to avoid later challenges.
• Propose a neutral commissioner with real estate sale experience or a professional fiduciary.
• Consider including a short window for competitive offers in your proposed order to show you tried to maximize value.
• Expect the court to require a report and accounting by the commissioner and to reserve the right to confirm the sale only after review.
• Consult a Connecticut attorney early — local practice and judges’ preferences vary across judicial districts.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific partition matter in Connecticut, consult a licensed Connecticut attorney who can review the facts and applicable statutes and rules.