Partition Action in Connecticut: Forcing Sale of Jointly Inherited Property
Detailed Answer
When co-owners cannot agree on dividing or managing inherited real estate in Connecticut, a partition action provides a clear legal solution. Under Connecticut General Statutes § 52-495 et seq., any co-owner may ask the Superior Court to divide (partition in kind) or sell (partition by sale) the property.
Partition in Kind vs. Partition by Sale
Partition in kind divides the land or building into separate portions matching each owner’s share. The court orders partition in kind if it can occur without harming the property’s value. If such division is impractical or unfair, the court orders a partition by sale. The property then sells at public auction or private sale under court supervision.
Court Process for Partition
To start a partition action, the filing owner (plaintiff) drafts and files a complaint in the Superior Court in the county where the property lies. The plaintiff must:
- Identify the property and state each owner’s interest.
- Serve the complaint on all co-owners (defendants).
- Pay the required court filing fee.
The court schedules a hearing. It may order an appraisal to determine fair market value. After considering all factors—such as the owner’s contributions, improvements, and use—the court decides on a physical division or sale.
If the court orders a sale, the property sells at auction or through a broker. After sale costs and liens clear, the net proceeds distribute among co-owners based on their ownership percentage.
Key statutes: Conn. Gen. Stat. § 52-495 and § 52-500.
Helpful Hints
- Review all ownership documents: deeds, wills, or trust agreements.
- Consider mediation or family meetings to reach an agreement before filing.
- Obtain a professional appraisal early to understand property value.
- Estimate court costs, appraisal fees, and potential attorney fees.
- Track deadlines and procedural rules in the Connecticut Rules of Civil Procedure.