Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Connecticut, a partition action is the statutory process that allows one co-owner of real property to force its division or sale when co-owners cannot agree on its use or disposition. Connecticut’s partition statutes (Conn. Gen. Stat. §§ 52-495 to 52-508) set out the steps for initiating and completing a partition by sale. See Conn. Gen. Stat. § 52-495 et seq.: https://www.cga.ct.gov/current/pub/chap_903.htm.
1. Filing a Complaint for Partition
A co-owner (plaintiff) files a Complaint for Partition in the Connecticut Superior Court in the judicial district where the property lies. The complaint must:
- Identify all co-owners (defendants) by name and interest.
- Provide a legal description of the property.
- State the nature and extent of each party’s interest.
- Request partition by sale or division.
2. Appointment of Commissioners
After service of process, the court appoints three disinterested commissioners to inspect the property, value it, and report whether it can be divided in kind (physical division) without prejudice to the owners. See Conn. Gen. Stat. § 52-506: https://www.cga.ct.gov/current/pub/chap_903.htm#Sec52-506.
3. Commissioner Report and Hearing
Commissioners file their written report with the court and serve it on all parties. The court schedules a hearing to review the report. At the hearing, parties may object or request additional findings.
4. Court Order for Sale
If the court determines the property cannot be fairly divided in kind or if division would cause substantial injury, it will order a sale at public auction. This sale process ensures that each co-owner receives proceeds proportional to their ownership interest. See Conn. Gen. Stat. § 52-504: https://www.cga.ct.gov/current/pub/chap_903.htm#Sec52-504.
5. Distribution of Proceeds
After the sale, the court directs distribution of net proceeds to the co-owners according to their respective interests. The court first pays expenses, including commissions and costs, then divides the remainder.
Helpful Hints
- Verify ownership interests by reviewing deeds and the land records.
- Consider a buy-out agreement before filing to avoid court costs.
- Gather appraisals or valuations to inform commissioner decisions.
- Discuss potential tax consequences with an accountant.
- Be prepared for timeline variations—partition actions can take several months.
- Attend all hearings and comply with court deadlines to avoid delays.
- Consult a real estate attorney to review filings and orders.