Detailed Answer

In Rhode Island, a court that is resolving a partition action has broad equitable power to divide property between co-owners. If division in kind (physically dividing the property) is impracticable or unfair, the court can order the property sold and the proceeds divided. As part of that process, the court can appoint an officer—commonly called a commissioner, special master, or receiver—to carry out the sale and related tasks.

The court’s authority comes from its equitable powers under Rhode Island law and the procedures courts use to resolve civil disputes. The appointed officer’s duties are limited to whatever the judge assigns in the appointment order: typical tasks include advertising the property, taking bids, conducting a public auction, or negotiating and closing a private sale subject to court approval. The court usually retains final approval over sale terms and the division of proceeds.

Importantly, a Rhode Island judge will scrutinize any proposed private sale to make sure it is fair to all co-owners. If one co-owner proposes selling the property privately to a buyer they represent or are connected to, the court will expect strong procedural safeguards—full disclosure to all parties, an independent valuation or appraisal, notice to interested parties, and an accounting of how sale proceeds will be distributed. The court may require competitive bidding steps if it believes a private sale risks undervaluing the asset.

Because the precise procedure and the paperwork judges expect vary by court and by the facts of the case, you should review the local Superior Court procedures and Rhode Island statutes governing partition and property sales. The Rhode Island General Assembly’s website lists the statutory code for property and civil procedure (see Rhode Island statutes collection): https://webserver.rilin.state.ri.us/Statutes/Statutes.html. Local court practice and case law further shape how judges exercise their discretion.

Hypothetical example (illustrative)

Suppose three siblings own a rental house as tenants in common. Two siblings want to sell their shares to an outside buyer who agrees to buy the whole property, but the third sibling objects. The two siblings can ask the Superior Court to divide the property. If the court decides a sale is necessary, it can appoint a commissioner to handle the sale. If the buyer is connected to one of the moving parties, the court will likely ask for an independent appraisal, require public notice, and schedule a confirmation hearing to make sure the sale price is fair before approving the private sale.

What the court will look for before approving a private sale handled by a commissioner

• Evidence that partition in kind is not feasible or would be inequitable.
• Full disclosure of the proposed purchaser and any relationships with parties.
• An independent appraisal or multiple valuations to support the sale price.
• Notice to all parties and an opportunity to object or submit competing offers.
• A clear proposed order describing the commissioner’s authority and duties, timelines, and how proceeds will be distributed and accounted for.
• Assurances the sale process will be competitive or otherwise protect the interests of minority co-owners.

How to ask the court to appoint a commissioner

1. File a motion or a petition in your pending partition action asking for sale and requesting appointment of a commissioner. If there is no pending action, initiate a partition action in the Superior Court where the property is located.
2. Attach a proposed order that describes: the scope of the commissioner’s authority (private sale vs. public sale), the sale procedure, required notices, any bond or insurance (if requested), deadlines, and how proceeds will be handled.
3. Provide supporting documents: title information, appraisal(s), purchase contract (if a private buyer is already identified), and disclosures about relationships between parties and the buyer.
4. Serve all co-owners and lienholders with notice of the motion and give them a chance to object or propose alternatives.
5. Prepare to present the court with evidence at a hearing showing why a private sale is fair and in the interests of justice (e.g., higher guaranteed price, fewer delays, or preservation of value).

Possible court outcomes

The court may:

• Approve the private sale and appoint the commissioner with explicit terms and court oversight.
• Require additional safeguards—such as an independent appraisal, public notice, or a confirmation hearing—before approving the sale.
• Reject the private sale in favor of a supervised public auction or a different sale mechanism if the court believes the private sale is not in the co-owners’ best interests.

Distribution of proceeds and closing

After sale, the commissioner normally files an accounting and pays liens, costs, and commissions, then distributes the remaining proceeds to co-owners according to their ownership interests or as the court orders. The court will typically confirm the accounting and direct distribution.

Where to find Rhode Island statutes and local rules

For statutory language and related provisions, consult the Rhode Island General Laws and Superior Court practice materials. The Rhode Island General Assembly’s statutes index is here: https://webserver.rilin.state.ri.us/Statutes/Statutes.html. For local practice and any forms, check the Rhode Island Judiciary website.

Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Rhode Island attorney familiar with partition actions.

Helpful Hints

• Start by asking for a neutral appraisal. Independent valuations reduce objections and speed court approval.
• Disclose any relationships between a proposed buyer and a party. Full transparency protects the sale from later challenge.
• Include a clear proposed order when you file your motion—judges prefer specific, limited appointments that spell out the commissioner’s powers.
• Be ready to provide proof that a private sale is more likely to maximize value than a public auction (e.g., a signed purchase agreement at a fair market price).
• Give all co-owners and lienholders formal notice and time to object. Failure to provide proper notice can void a sale later.
• Expect the court to require a confirmation hearing before finalizing a private sale—plan your timeline accordingly.
• Consider negotiating a buyout among co-owners before involving the court; voluntary agreements are often faster and cheaper.
• If the prospective buyer is related to a party, consider asking the court to require competitive bidding or an overbid procedure at confirmation.
• Keep records of all communications, appraisals, notices, and accounting—these will be necessary at the confirmation stage.