Filing a Partition Action in Rhode Island to Force Sale of an Inherited Land Interest

Short answer: In Rhode Island, you can start a partition action in the Superior Court for the county where the land is located. A partition action asks the court either to divide the property among co-owners (partition in kind) or, if division is impractical, to sell the property and divide the proceeds (partition by sale). The basic steps are: confirm your ownership, prepare a complaint with a legal description and list of parties, file in Superior Court, serve the other owners, and follow the court’s procedures that may lead to appointment of a commissioner and a sale. This page explains the process, what you’ll need, and practical tips for inherited interests.

What law governs partition in Rhode Island?

Partition actions in Rhode Island are governed by the state’s statutes on partition. See the Rhode Island General Laws on partition (Title 34, Chapter 7): R.I. Gen. Laws § 34-7-1 et seq.. The Rhode Island Superior Court handles civil actions to enforce property rights; see the Rhode Island Judiciary site for court locations and procedures: Rhode Island Superior Court.

Step-by-step: How to file a partition action for an inherited interest

1. Confirm your legal interest and title status. Determine whether you own the interest as a tenant in common, joint tenant, or as an heir through a probate estate. If the decedent’s estate is still open, make sure the estate’s personal representative has handled title transfer or that you have letters testamentary/administration. Gather the deed that shows how title was held and any probate case number and documents.
2. Decide the relief to request. A partition complaint can ask for partition in kind (physically divide the land) or partition by sale (sell and divide proceeds). Courts prefer partition in kind when division is fair and does not materially harm value; when physical division is impractical or unfair, the court will order sale. State the alternative relief (e.g., sale if in-kind division isn’t feasible).
3. Prepare the complaint. The complaint should include: the plaintiff’s ownership interest; a complete legal description of the land (from the deed); the names and addresses of all co-owners and other parties with recorded interests (mortgages, lienholders); a statement asking for partition (in kind or sale) and any other relief (accounting for rents, appointment of a commissioner, costs); and a request that the court divide or sell and distribute proceeds. The complaint must comply with Rhode Island civil procedure rules.
4. Choose the proper court and file. File the complaint in the Rhode Island Superior Court in the county where the property is located. Pay the filing fee and follow local filing procedures. If you are an heir acting before probate is closed, you may need to name the estate or personal representative as a party; speak with the court clerk if unsure.
5. Serve all interested parties. After filing, you must properly serve all co-owners, heirs, mortgagees, lienholders, and anyone with an interest in the property. Proper service is required before the court will enter judgments affecting property rights.
6. Respond to motions and allow time for discovery. Defending parties may ask for more information, contest the facts, or assert defenses (e.g., ownership disputes, claims of adverse possession). You may need to exchange documents, conduct depositions, or obtain a survey.
7. Appointment of a commissioner or master. If the court orders partition, it commonly appoints a commissioner or master to inspect the property, report whether partition in kind is practicable, and if not, supervise a sale and division of proceeds. The statute and court rules describe the commissioner’s duties and how costs are allocated.
8. Sale and distribution. If the court orders sale, the property is sold—often at public auction or through another court-approved method—and proceeds are paid out after liens, mortgages, taxes, and court-ordered costs are satisfied. The remainder is divided according to each owner’s interest.
9. Possible alternatives: buyout or settlement. Before or during litigation, co-owners can negotiate buyouts (one party purchases others’ shares), agree on an amicable sale, or mediate to avoid the time and costs of a contested partition.

Special considerations for inherited interests

• If your interest comes from an estate in probate, verify whether the personal representative transferred title to heirs. If distribution has not occurred, the estate may need to be involved or closed first.
• Heirs may own unequal shares. The division or sale proceeds follow the ownership percentages reflected in title.
• Outstanding mortgages or liens remain attached to the property. The court will typically ensure those are paid from sale proceeds before distributing net proceeds.
• Tax implications: sale proceeds can have capital gains or estate tax consequences. Consult a tax professional before sale.

Where to find forms and local rules

Contact the clerk of the Rhode Island Superior Court in the county where the property sits for filing forms, fee schedules, and local practice information: Superior Court contact information. For statutory text on partition, see: R.I. Gen. Laws § 34-7-1 (and following sections).

Common outcomes

• Partition in kind approved — property is physically divided among owners (less common when land is small or indivisible).
• Partition by sale — court orders sale; proceeds divided after liens and costs.
• Settlement or buyout — parties resolve the matter without a contested sale.

Practical timeline and costs: A straightforward, uncontested partition can take a few months. Contested matters or those involving title disputes, multiple lienholders, or complex property division can take a year or longer. Expect court filing fees, service fees, survey costs, commissioner fees, attorney fees (if you hire counsel), and costs for sale (advertising, auctioneer, etc.).

When to talk to an attorney

If ownership is disputed, title is unclear, multiple heirs or creditors are involved, or you’re unsure how probate affects the interest, consult a Rhode Island attorney experienced in real property or probate litigation. An attorney can evaluate whether partition is the best option, prepare pleadings, negotiate buyouts, and represent you in court.

Disclaimer

This information is educational and general in nature and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in Rhode Island.

Helpful Hints

• Gather deeds, the decedent’s will or probate file number, tax records, surveys, mortgage statements, and any written agreements among owners before filing.
• Confirm the exact legal description from the most recent deed and use it in your complaint; an inaccurate description can delay the case.
• Talk to the Superior Court clerk for local filing requirements and fee amounts before preparing your documents.
• Consider mediation or negotiation first — partition litigation is costly and divisive.
• If you want to keep the land, make a written offer to buy out the other owners’ interests; the court often allows time for this if a sale is pending.
• Be ready for a court-appointed commissioner to inspect the property and recommend whether an in-kind partition is feasible.
• Keep clear records of any rents, expenses, or improvements on the property; the court may require accounting and may adjust distributions accordingly.
• Consult a tax advisor about possible capital gains, basis, and reporting responsibilities on any sale proceeds.
• If heirs are minors or parties are incapacitated, special representation or court approvals may be required—get legal help early.