Detailed Answer

Short answer: In Connecticut, a co-owner can force a sale of real property co-owned by filing a partition action in the Superior Court where the property is located. If the court finds a physical division (partition in kind) is impractical or would unfairly harm owners, it can order a sale and distribute net proceeds among owners according to their ownership shares.

How partition works under Connecticut law

Connecticut law authorizes partition actions by co-owners of real property. The controlling statute is Conn. Gen. Stat. § 52-495, which explains when real property may be partitioned and the court’s authority in partition cases (see the statute here: Conn. Gen. Stat. § 52-495). In practice, a partition action asks the Superior Court to either divide the land among co-owners (partition in kind) or sell the property and divide the proceeds if division is impractical.

Typical steps to file a partition action in Connecticut

Confirm you are a proper party. Any person who holds title (an owner) may bring the action. You will name all owners and any parties with recorded interests (mortgage holders, judgment lien holders) as defendants.
Choose the right court. File in the Connecticut Superior Court for the judicial district where the property is located.
Prepare the complaint. The complaint should identify the property by legal description (from the deed), state the nature and extent of your interest and the other parties’ interests, explain why partition is requested, and ask the court to order partition in kind or, if that is impractical, a sale with distribution of proceeds.
Attach supporting documents. Include copies of the deed(s), title evidence you have, mortgage or lien documents, and any written offers or settlement attempts if relevant.
File and serve the complaint. Pay the filing fee, obtain a summons, and serve the complaint and summons on each co-owner and any recorded lienholders according to Connecticut rules of civil procedure.
Responding and preliminary motions. The defendant co-owner (your sister) can answer, move to dismiss, or file counterclaims. The court may hold preliminary hearings to address requests for temporary relief (for example, exclusive use, payment of expenses, or preservation of the property).
Appointment of commissioners. If the court finds partition appropriate, it often appoints commissioners or referees to inspect the property, determine whether partition in kind is practicable, and prepare a report with recommendations.
Partition in kind vs. sale. If the commissioners report that the land cannot be fairly divided, the court can order a sale. The sale may be a public auction (sheriff’s sale) or a private sale conducted under court order. The court will direct how to advertise and conduct the sale and then approve a plan for distributing the net proceeds.
Distribution of proceeds and liens. Before distribution, the court will pay valid liens, taxes, and sale costs from the sale proceeds. The remaining amount is divided among owners according to ownership shares.
Final decree and transfer. After costs and liens are paid and proceeds distributed, the court enters a final decree closing the partition action and directing transfer of title if necessary.

Practical example (hypothetical)

Suppose you and your sister each own 50% of a house by deed. She refuses to sign a listing agreement or to negotiate a buyout. You file a partition action in the Superior Court where the house is located, name her and the mortgage lender as defendants, and ask the court for a sale. The court appoints commissioners who recommend sale because dividing the house physically would be impractical. The court orders a sale, the mortgage and sale costs are paid from the proceeds, and the remaining funds are split 50/50.

Important legal considerations

Liens and mortgages stay attached to the property. A sale usually pays mortgages and other valid liens first.
The court balances fairness. If you ask for a sale, the court can still order partition in kind if it believes a division is fair and practical.
Costs and attorney fees. Each party usually pays their own attorney, but a court can sometimes shift costs or attorneys’ fees in the interests of justice.
Possibility of buy-out. The court may set a procedure allowing co-owners to buy the other’s interest at a court-determined price before a public sale.
Timing. Partition actions vary in length depending on court docket, complexity, and whether parties cooperate; expect months, sometimes longer.

Where to find statutory language and court forms

Read the primary statute at: Conn. Gen. Stat. § 52-495. For procedural rules and local forms, check the Connecticut Judicial Branch website (jud.ct.gov) for Superior Court civil procedures and self-help resources.

Disclaimer: This article is educational only and not legal advice. Laws change, and applying law to your situation depends on facts and procedural details. Consult a licensed Connecticut attorney for advice tailored to your case.

Helpful Hints

Before filing, collect the deed, mortgage statements, property tax bills, insurance information, and any written communications about ownership or offers.
Get a recent professional appraisal or market estimate to understand the property’s value and to support a buyout or distribution calculation.
Talk to your sister and offer mediated negotiation or a buyout proposal—courts often prefer parties to settle without costly litigation.
Notify and include mortgage holders and lien claimants in the lawsuit to prevent unexpected claims after sale.
Consider short-term relief requests if you need exclusive possession, rent, or payment of expenses while the litigation proceeds.
Budget for court costs, possible appraisal fees, commissioner fees, and attorney fees. These reduce net proceeds on sale.
Use the Connecticut Bar Association’s lawyer referral or the Judicial Branch self-help pages to find local attorneys familiar with partition and real estate litigation (see Connecticut Bar Association and Connecticut Judicial Branch).