Defending a Partition Action in Rhode Island: What to Do When a Co-Tenant Seeks Sale of an Inherited Home

Short answer: In Rhode Island, a co-tenant can generally file a partition action to force sale of jointly owned real estate. You can defend by timely answering the complaint, challenging title or standing, asserting any agreement that bars partition, asking the court to partition in kind or order a buyout instead of sale, seeking credit for contributions or improvements, and defending on equitable grounds. The court has discretion under the state partition statutes to fashion relief. This article explains how partition actions work in Rhode Island and practical steps you should take now.

What a partition action is (Rhode Island law)

A partition action asks the court to divide or sell real property that two or more people own together. Under Rhode Island law the court may order a physical division (partition in kind) when it is practicable, or, if division is impracticable, the court can order sale and divide the proceeds among the owners. See Rhode Island partition statutes for the governing rules: R.I. Gen. Laws, chapter 34-7 (Partition).

How partition typically proceeds

Plaintiff files a complaint naming all recorded co-owners and asks the court to partition the property.
The court serves the complaint; co-owners must respond by the deadline in the summons or risk default.
If the court finds partition proper, it may order partition in kind, appoint commissioners to divide land, or order sale if division is impracticable.
The court will account for liens, mortgages, taxes, and may adjust shares for unequal contributions to purchase, improvements, or payments made by one co-tenant.

Common defenses and responses under Rhode Island law

You cannot always stop a partition action, but you can raise defenses or ask the court for a remedy other than an immediate sale. Key defenses and approaches:

Timely procedural response: File an answer or other responsive pleading before the deadline in the summons. If service was improper, you can move to dismiss for lack of proper service.
Title disputes: If the plaintiff is not actually a co-owner (faulty deed, probate issue, or clerical error), challenge their standing. Obtain and present deed and probate records.
Contractual bar to partition: If the co-owners signed an agreement (deed restriction, co-ownership agreement, or family agreement) that forbids partition for a time or requires buyouts, present it. Courts will enforce valid written agreements that restrict partition.
Life estate or tenancy terms: If you hold a life estate or the property came to you subject to a life estate or survivorship right, explain that the interest is not freely partitionable until the life estate ends.
Equitable defenses — unfairness, fraud, or misconduct: Argue that the plaintiff acted in bad faith, engaged in waste, committed fraud when obtaining title, or that sale would be grossly inequitable. The court has equitable powers to consider conduct and fairness.
Credit for contributions, repairs, taxes, and mortgages: Ask the court to account for mortgage payments, property taxes, insurance, and necessary repairs you paid for. Courts can offset a co-tenant’s share for these contributions when dividing proceeds.
Ask for partition in kind or buyout instead of sale: For some properties, physical division may be possible. For a single-family home, the court may consider ordering a buyout (one co-tenant buys the other’s share) rather than immediate sale if that outcome is equitable.
File counterclaims or setoffs: If the plaintiff owes you money (unpaid rent, damage to property, unauthorized expenditures), assert that as an offset when proceeds are distributed.

Practical steps to take right away

Read the summons and complaint carefully. Note the deadline for your response and whether the court set any early hearings or injunctions.
Gather documents: deeds, will or probate papers, trust documents, mortgage and tax records, receipts for repairs or improvements, correspondence between co-owners, and any co-ownership agreements.
Consider filing a motion for a short continuance if you need time to get counsel or assemble records, but do so before your deadline.
Talk to a Rhode Island attorney experienced in real property and partition actions. An attorney can advise whether to answer, move to dismiss, assert counterclaims, or negotiate a buyout or settlement.
Preserve the property and avoid waste. Do not intentionally damage the house or remove fixtures; doing so can hurt your position in court.
Explore settlement options: a negotiated buyout, co-ownership buyout plan, or a sale with agreed timing and reserve price can avoid litigation costs and a rushed sale.

What evidence helps your defense

Deeds and chain of title (to show ownership shares and how title passed at probate).
Probate or trust documents showing who inherited what interest.
Receipts and cancelled checks for mortgage payments, taxes, insurance, repairs, and improvements.
Photographs and estimates for repairs or improvements that increased value.
Any written agreements among co-owners about use, sale, or partitions.
Communications showing bad faith, threats, or offers to buy out your interest.

Possible outcomes and what to expect

Court outcomes vary. Typical results include:

Partition in kind (rare for a single-family residence) — the property is physically divided.
Court-ordered sale — the property sells and proceeds are divided after paying liens, costs, and any adjustments the court orders.
Buyout — one co-tenant buys the other’s interest at a court-determined or negotiated price.
Settlement — co-owners agree on use, sale timing, or financial compensation without court-ordered sale.

Costs and timing

Partition litigation can take months to years depending on complexity, whether there are title disputes or appeals, and whether the parties settle. The court typically orders the losing party to pay some litigation costs, but each party often pays its own attorney fees unless statute or agreement provides otherwise. Expect appraisal, legal, and sale costs to be deducted from sale proceeds.

Where to read the law

For the statutory framework, read the Rhode Island partition statutes: R.I. Gen. Laws, chapter 34-7 (Partition). That chapter describes the court’s powers and the procedures a party must follow.

Helpful hints

Respond fast: missing the response deadline can lead to default judgment and loss of rights.
Document money you spent on the property; the court may credit you for these outlays.
Keep the home maintained and insured while litigation proceeds to avoid claims of waste or negligence.
Consider mediation early. Mediated buyouts or sale agreements often save time and money.
If you face eviction or a threatened sale, ask your attorney about emergency motions (injunctions) to preserve the status quo while you litigate your defenses.
Remember that equal legal title often means equal shares. To change how proceeds are split you must prove a legal or equitable reason (agreement, unequal contributions, lien, etc.).
Get local counsel. Rhode Island courts have local practices and judges who apply equitable doctrines; a Rhode Island real property attorney can guide strategy and procedural issues.

Next steps: Gather your ownership and payment records, calendar the deadline to respond, and consult a Rhode Island real property attorney as soon as possible to protect your interests and explore settlement or litigation strategies.

Disclaimer: This article provides general information about Rhode Island partition law and common defenses. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Rhode Island attorney.