Disclaimer: This is educational information and not legal advice. For advice about your specific situation, consult a licensed Rhode Island attorney.
Detailed Answer — How to pursue a partition action in Rhode Island when a co‑owner will not cooperate
If you own inherited real property with one or more co‑owners in Rhode Island and a co‑owner refuses to cooperate with dividing or selling the property, you can ask a court to order a partition. A partition action asks the court to divide the property among the owners (partition in kind) or, if a fair physical division is impractical, to order a sale and split the proceeds.
Primary legal authority
Partition procedures and remedies in Rhode Island are governed by the state’s partition statutes. See Title 34, Chapter 7 of the Rhode Island General Laws for the statutory framework: R.I. Gen. Laws, Title 34, Chapter 7 (Partition). Court practice about filing civil cases and related forms is handled through the Rhode Island Judiciary (Superior Court): Rhode Island Judiciary — Superior Court.
Step‑by‑step: Typical process to file a partition action in Rhode Island
- Confirm ownership and how title is held. Determine whether the property is owned as tenants in common, joint tenants, or held in an estate/probate name. Inherited property commonly ends up as tenants in common among heirs unless the deed or will says otherwise. You will need copies of the deed(s), the decedent’s will or probate documents, and any recorded affidavit of heirship.
- Gather supporting documents. Collect the deed(s), death certificate, probate paperwork showing how title transferred (if applicable), current mortgage statements, tax bills, homeowner association documents, and any written communications showing your attempt to reach agreement with the co‑owner(s).
- Identify and name all necessary parties. A partition complaint must join every person who has a recorded interest in the property: co‑owners, mortgage holders, lien claimants, and sometimes successors or unknown heirs. Failing to join a required party can delay or derail the case.
- Attempt a demand or negotiation first. Before filing, send a written demand for partition or to buy out your share. Courts often view a good‑faith attempt to resolve the dispute favorably. Offer mediation if appropriate. Document your efforts.
- File the complaint for partition in the correct court. In Rhode Island, partition actions are typically brought as civil actions in Superior Court. Your complaint should state your ownership interest, identify co‑owners and lienholders, explain why voluntary division is impossible, and ask the court for relief (partition in kind or sale) under the partition statutes.
- Request specific remedies and temporary relief. The complaint should ask the court to:
- order partition in kind if the property can be divided fairly;
- order sale and division of proceeds if partition in kind is impractical;
- appoint a commissioner, referee, or special master to value, divide, or sell the property;
- determine payment of mortgages, liens, taxes, and costs from sale proceeds;
- if necessary, issue temporary injunctions to prevent a co‑owner from damaging or wasting the property while the case proceeds.
- Serve process and allow time for responses. After filing, legally serve all defendants with the complaint and summons. Co‑owners or lienholders can answer, file counterclaims (for example, to quiet title or seek accounting), or contest the form of partition.
- Discovery, motion practice, and valuation. Parties may exchange documents, take depositions, and ask the court for orders about which remedy is appropriate. The court will often require appraisals to determine fair value and whether a division in kind is practicable.
- Court decision and execution. If the court orders partition in kind, it will specify how the property is divided and record new deeds. If the court orders a sale, it will typically appoint a commissioner to sell the property (often at public auction or by private sale supervised by the court) and direct how proceeds are distributed after paying liens, taxes, and court costs.
- Distribution and closing the case. After sale and payment of costs and liens, the court or the appointed officer distributes remaining proceeds to owners according to their ownership shares. The court then issues final orders to close the action.
Practical points specific to inherited property
- If title passed through probate, include probate documentation so the court can verify who holds legal title.
- If the decedent left a will that devised real estate to multiple beneficiaries, those beneficiaries are the parties; confirm whether title transferred by probate or by a transfer on death mechanism.
- Check whether the property was owned with a right of survivorship; that can change who the co‑owners are.
What the court will consider when deciding between division or sale
- Whether the property can be fairly and practically divided without materially reducing value.
- The nature and location of the property (e.g., a single family home is often sold rather than physically divided; farmland might be divided).
- Each owner’s share, liens, mortgages, taxes owed, and any evidence of waste or misconduct by a co‑owner.
Costs, timeline, and likely outcomes
- Partition cases often take several months to over a year depending on complexity, appraisal and sale timing, and appeals.
- Court costs, appraisal fees, commissioner or master fees, and attorney fees generally come out of the proceeds; courts may allocate costs between the parties.
- Expect either (a) an order dividing the land with new deeds, or (b) an order for sale and division of proceeds. In practice, many partition cases involving family homes end with sale and split of net proceeds.
Helpful Hints
- Start with a clear title and probate check. Determine exactly who owns the property before filing.
- Document attempts at voluntary resolution — mediation or buyouts are faster and usually cheaper than litigation.
- Get at least one independent appraisal early to support your position about whether division in kind is feasible.
- Include all lienholders (mortgage, tax liens, mechanics’ liens) as parties so the court can resolve priority and payment out of proceeds.
- Consider temporary relief (injunction) if a co‑owner is removing assets, destroying structures, or otherwise threatening the property’s value.
- Be prepared for costs: appraisals, legal fees, and sale expenses reduce net proceeds; plan financially for the process.
- Ask an attorney about possible tax consequences (capital gains, inheritance tax issues) from a sale or transfer.
- If you’re unsure who to name or how to draft pleadings, speak with a Rhode Island real property attorney before filing; proper joinder of parties is crucial.
For the statutory language and more detail about the remedies available in Rhode Island, consult the partition statutes: R.I. Gen. Laws, Title 34, Chapter 7. For court filing procedures and forms, visit the Rhode Island Superior Court page at the state judiciary site: Rhode Island Judiciary — Superior Court.
If you want, tell me a short, anonymous summary of your situation (how title is held, how many co‑owners, whether the property is mortgaged) and I can outline which documents you’ll likely need and the basic next steps to prepare a partition complaint.