Detailed Answer: Forcing a Sale of Co-Owned Property in Rhode Island

Short answer: If a co-owner refuses further mediation, you can generally ask a Rhode Island court to order a partition of the property. If the court finds a physical division (partition in kind) impractical, it can order a sale and divide the proceeds among the owners after paying liens and costs.

Important disclaimer: This article explains general Rhode Island law and is educational only. It is not legal advice. Consult a licensed Rhode Island attorney to apply these ideas to your situation.

1. Key legal concept: partition

Rhode Island law provides a statutory procedure called a partition to divide or sell real property owned by two or more people. Partition actions are governed by the Rhode Island General Laws for real property (see Chapter on Partition). For the statutory text and procedures, consult the partition provisions: R.I. Gen. Laws, Title 34, Chapter 34-11 (Partition).

2. Who can file and where

Any co-owner of record—tenants in common or joint tenants—can file a civil complaint asking the court to partition the property. Partition actions are typically filed in Rhode Island Superior Court because they concern title and disposition of real property. See the Superior Court information page for filing and local practices: Rhode Island Superior Court.

3. Typical process and what to expect

Pre-filing steps: Gather the deed, title report, mortgage statements, tax bills, leases or rental records, and receipts for major improvements. A current property appraisal or broker’s price opinion helps the court (and helps settlement).
File a complaint for partition: The complaint names all owners and any lienholders (mortgages, tax liens). The complaint asks the court to either divide the land physically (partition in kind) or, if that’s not practical, to order a sale and divide net proceeds.
Service and response: The court requires formal service on all co-owners and recorded lienholders so they can respond or assert counterclaims.
Court evaluation: The judge will consider whether physical division is possible without prejudice to the owners. If the court deems division in kind impractical (e.g., a single-family home on one lot), it usually orders a sale.
Appointment of commissioner or master: The court often appoints a commissioner, referee, or special master to sell the property (commonly by public auction or sealed bids) and report back to the court.
Sale and distribution: The sale proceeds first pay mortgages, liens, taxes, sale costs, and court-ordered expenses. Remaining proceeds divide according to each party’s ownership interest, subject to any equitable adjustments (payments for improvements, rents, or owed contributions).

4. What the court considers when granting a sale

The court balances fairness and practicality. Factors include:

Nature of the property (single home vs. subdividable land).
Relative value of each owner’s interest.
Any existing liens or mortgages that must be satisfied.
Whether an in-kind partition would substantially reduce value or be impractical.

5. Practical tips and strategic options before or during a partition action

Even if your co-owner refuses mediation, consider these paths:

Offer a buyout (pay them their share) — often cheaper than litigation.
Propose a sale agent or auction and split the net proceeds.
Seek a court-ordered appraisal early so values are clear.
If the property generates rent, request an accounting for rents/expenses so the court can allocate credits or debts.
If a co-owner is damaging the property or removing fixtures, ask the court for emergency relief (temporary injunction) to prevent waste.

6. Costs, timing, and likely outcomes

Expect a partition case to take several months to a year depending on complications (title issues, mortgages, contested valuation). Costs include court filing fees, attorney fees, appraisal and commissioner fees, and sale costs. The court may require the selling costs and secured debts to be paid from sale proceeds before owners receive their shares.

7. When a co-owner won’t cooperate: enforcement and remedies

If a co-owner refuses mediation or refuses to cooperate, a partition action removes that obstruction: the court can order sale over their objection. If the co-owner attempts to obstruct sale (refuses access, hides documents, or incurs waste), the court can impose sanctions, order turnover of documents, or enter injunctive relief to protect the property’s value.

8. Documents and information to bring to a consultation

Deed and chain of title
Mortgage and lien documents
Property tax bills and assessments
Lease agreements or records of rental income
Receipts for major improvements or repairs
Communications with the co-owner about sale or mediation

9. How an attorney can help

A Rhode Island real estate litigator can:

Prepare and file a partition complaint and serve all parties.
Seek temporary relief if the property faces imminent harm.
Negotiate buyouts or settlement alternatives to avoid sale costs.
Manage lien priorities, payoffs, and distribution calculations after sale.

Helpful Hints

Confirm how you hold title (joint tenancy with right of survivorship vs. tenancy in common). That affects proceeds distribution and heirs.
Get a current title search early to identify mortgages, judgments, or other encumbrances.
Obtain a professional appraisal to set realistic expectations for sale value or buyout offers.
Document all expenses you’ve paid for the property (repairs, taxes) — courts may credit you at distribution.
Consider a neutral broker or auction house the court will accept if you want a faster sale.
Be realistic about costs: litigation and forced sales often reduce net proceeds compared with a negotiated sale.
Ask your attorney about temporary injunctive relief if a co-owner is removing fixtures, evicting tenants, or otherwise harming the property.

For the statutory framework that governs partition in Rhode Island, see the partition chapter of the Rhode Island General Laws: R.I. Gen. Laws, Title 34, Chapter 34-11 (Partition). For court filing and local practice, consult the Rhode Island Superior Court: Rhode Island Superior Court.

If you want practical next steps, collect the documents listed above and consult a Rhode Island real-estate attorney to review your title, liens, and the strongest path forward for your facts.