Detailed Answer
Under Connecticut law, a partition action allows co-owners (cotenants) or lienholders of real property to divide or sell the property when they cannot agree on its use. Chapter 897 of the Connecticut General Statutes governs partition actions. The court may appoint one or more commissioners to supervise the division or sale.
Initiating a Partition Action
- Identify all parties: List every cotenant and any lienholder who holds an interest in the property. State law requires that all interested parties be joined to avoid later disputes (Conn. Gen. Stat. § 52-495).
- Prepare the complaint: Draft a civil complaint in the Superior Court. Include the legal description of the property, the nature of each party’s interest, and a clear prayer for partition.
- File the complaint: Submit your complaint at the Superior Court clerk’s office in the judicial district where the property is located. Pay the filing fee.
- Serve process: Serve each defendant with the complaint and summons in accordance with Connecticut Practice Book rules. Proper service ensures the court can issue orders binding all parties.
- Record a lis pendens (optional but recommended): To protect the action’s priority, file a notice of lis pendens in the land records under Conn. Gen. Stat. § 52-325.
- Request appointment of commissioners: At a case management conference or motion hearing, ask the court to appoint one or more commissioners to inspect the property, divide it equitably, or order its sale. The court will issue an order under Conn. Gen. Stat. § 52-500.
- Commissioners’ report: After inspection, the commissioners file a written report describing the proposed division or sale method under Conn. Gen. Stat. § 52-502. They must give notice to all parties before filing.
- Objections and confirmation: Parties may object to the report within the time set by the court. If no valid objections arise, the court confirms the report and enters a final partition decree.
Consenting to a Partition Action
- Join the action: A cotenant may file a written appearance and answer consenting to the relief sought. By doing so, they avoid service and speed the process.
- Sign a stipulation: Parties can agree in writing to the terms of partition and submit a joint stipulation to the court. The court will adopt the agreement and appoint commissioners if needed.
- Attend hearings: Even if you consent, attend scheduling or status conferences. The court will set deadlines for the commissioners’ work and final approval.
Helpful Hints
- Obtain a current property survey and title report before filing.
- Keep a complete list of addresses for all cotenants and lienholders.
- File lis pendens promptly to protect your interest.
- Communicate openly with co-owners to reduce disputes.
- Review the commissioners’ report promptly and object in writing if necessary.
- Consider mediation before filing; it may resolve issues without court intervention.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Always consult a qualified attorney to discuss your specific situation.