Can I force a sale of property if some family members want to sell but others refuse?

Short answer: Yes — in Connecticut co-owners can generally force a sale through a court action called a partition. A court can order a physical division of the land (partition in kind) or, if that is impractical, a sale with the proceeds divided among owners (partition by sale). This document explains how a partition action works, what to expect, and alternatives to court.

What is a partition action under Connecticut law?

A partition action is a lawsuit that any co-owner of real property can file to divide ownership when co-owners cannot agree about continuing joint ownership. Connecticut law allows co-owners to seek either:

Partition in kind: the court divides the land into separate physical parcels for each owner, when practical; or
Partition by sale: the court orders the property sold and divides the sale proceeds among the owners according to their ownership shares when physical division is impractical or would cause prejudice.

These rules are implemented through statutory and case law governing partition procedures and remedies. For statutory guidance, see the Connecticut General Assembly website for partition-related provisions (Conn. Gen. Stat. references and court rules explain procedures and remedies): https://www.cga.ct.gov. You can also review Connecticut Judicial Branch resources at https://www.jud.ct.gov for court forms and procedural information.

Who can file a partition action?

Any person with an ownership interest in the property (a fee owner or co-tenant) can file. Co-owners include people who hold title as tenants in common or joint tenants. Executors, trustees, or other legal representatives who have authority over the property may also bring a partition action on behalf of the owner they represent.

When will the court order a sale instead of dividing the property?

The court considers several practical factors when deciding whether to divide the land or order a sale. Courts typically order sale when:

The property cannot be divided fairly without substantially reducing value (for example, an undivided single-family home on one lot);
Division would be impractical or inequitable (irregular parcels, zoning restrictions, or utilities that prevent meaningful division); or
The physical division would prejudice one or more owners relative to their ownership interest.

If the court orders a sale, it will usually direct how the sale should occur (private sale, public auction, or through a sheriff’s sale) and appoint a commissioner or other official to manage sale logistics and distribute proceeds after paying liens, taxes, and authorized expenses.

How will sale proceeds be divided?

Proceeds are divided according to each owner’s legal share of title, unless the court adjusts shares to account for contributions or encumbrances. The court can order offsets for:

Mortgage or lien payments that must be satisfied from proceeds;
Repairs, taxes, insurance, or other necessary expenditures advancing or protecting the property;
Unequal contributions to purchase price or improvements (the court may apportion proceeds to reflect those payments if properly proved).

Practical steps to force a sale in Connecticut

Confirm ownership. Obtain a copy of the deed or title report showing all owners and the form of ownership (tenants in common, joint tenants, etc.).
Try alternatives first. Mediation, a buyout offer, or negotiation may save time and expense. Consider offering to buy the others’ shares or to arrange a professional appraisal and fair division.
Collect documentation. Prepare deeds, mortgage statements, property tax records, receipts for improvements, insurance payments, and any written agreements among owners.
File a partition action. If negotiation fails, an owner files a partition complaint in the appropriate Connecticut superior court. The complaint names all co-owners and asks the court to partition the property or order a sale.
Court process. The court may order appraisal, appoint a commissioner to examine the property, hold hearings, and decide whether to divide the land or order sale. If sale is ordered, the court will supervise the sale process and distribution of proceeds.

Costs, timing, and risks

Partition litigation can take several months to more than a year depending on complexity, court schedules, and whether appeals follow. Costs include court filing fees, lawyer fees, appraisal and survey fees, and costs to maintain or prepare the property for sale. Courts sometimes award costs or a portion of legal fees against a party in certain circumstances, but you should not assume fee-shifting will cover all expenses.

Alternatives to a partition action

Consider these alternatives because partition suits can be costly and divisive:

Mediation or collaborative negotiation to agree on sale, buyouts, or property management;
One owner buys out others using a mortgage or installment agreement;
Enter a written co-ownership agreement that sets future sale or buyout rules;
List and sell the property by mutual agreement, with proceeds divided according to title shares.

What you’ll need to prove in court

The plaintiff must show legal ownership or title interest in the property. Helpful documents include recorded deeds, title reports, mortgage records, payment records for taxes and improvements, and any written co-owner agreements. Evidence of unequal financial contributions or encumbrances may influence the court’s distribution of sale proceeds.

When to consult an attorney

Consult an attorney if parties cannot agree, if the property has complicated title, liens, or mortgages, or if family dynamics complicate negotiation. A lawyer can evaluate the likely outcome, estimate costs, prepare and file pleadings, and represent you at hearings. If you proceed to court, local counsel experienced with Connecticut partition practice can guide you through statutory and procedural requirements.

Helpful Hints

Check the deed early to confirm whether you hold title as joint tenants or tenants in common—rights and remedies may differ.
Obtain a current title report to identify mortgages, liens, and encumbrances that will affect sale proceeds.
Get a professional appraisal before offering a buyout so you base offers on market value.
Document all money you pay for the property (taxes, improvements) to support claims for reimbursement in court.
Consider mediation — courts often encourage or require alternative dispute resolution before or during litigation.
Expect timelines to vary by county and courthouse; ask your attorney for a local timeline estimate.
Remember tax consequences: sale proceeds may create capital gains issues—consult a tax professional.

Important disclaimer: This article explains general Connecticut law information and common practice about forcing the sale of property by co-owners. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Connecticut attorney who can review your facts and provide tailored guidance.