Detailed Answer

Short answer: In Rhode Island, if you still co-own real property with your ex and you cannot agree on what to do, your primary legal tools are (1) a partition action in the Superior Court to force a physical division or a sale of the property, (2) asking a court that handled your divorce to enforce or clarify the divorce judgment or equitable-distribution order, or (3) negotiating a buyout, mediated settlement, or other agreement that resolves ownership without litigation. Which option is best depends on the title, the divorce decree, the character of the property, mortgage/liens, and cost considerations.

What a partition action does and how it works

When co-owners (tenants in common or joint tenants) cannot agree, Rhode Island law allows a co-owner to file a partition action in the Superior Court. The court can order:

A partition in kind: dividing the land into physically separate parcels and awarding each owner a portion (feasible mainly for large or divisible parcels).
A partition by sale: ordering the property sold and dividing the net proceeds among the owners according to their ownership shares.

The court will consider whether physical division is practical without unfairness or loss of value. If division would be inequitable or impracticable, the court typically orders a sale. The court may appoint commissioners or a referee to value, divide, or sell the property and to handle proceeds distribution and payment of liens, mortgages, and costs.

Partition suits are governed by Rhode Island property law (Title 34 — Property). For general reference, see the Rhode Island General Laws: Title 34 (Property): https://webserver.rilin.state.ri.us/Statutes/TITLE34/INDEX.HTM.

When the divorce judgment matters

If the divorce judgment (equitable distribution order) already assigned the property or required a sale, but title was not transferred or the ex has not complied, you can ask the divorce court to enforce or clarify its order. Rhode Island domestic relations law and equitable-distribution practice are governed under Title 15 (Domestic Relations): https://webserver.rilin.state.ri.us/Statutes/TITLE15/INDEX.HTM. If the divorce court reserved jurisdiction over property issues, return there first to seek enforcement, a turnover, or contempt remedies.

Alternatives to a partition lawsuit

Negotiated buyout: One co-owner buys out the other for an agreed price, followed by a deed transfer and release.
Mediation or arbitration: Neutral third party can help reach a settlement faster and cheaper than litigation.
Quiet title or declaratory relief: If ownership or title clouding is the issue, a separate action can resolve title questions.
Deed transfers or boundary agreements: If parties can agree on a physical division, they can prepare deeds reflecting the split and record them.

Practical steps to take now

Collect documents: current deed(s), mortgage statements, divorce decree and any property provisions, tax records, and recent appraisals.
Confirm title and ownership shares: obtain a title report. Ownership form (joint tenancy vs. tenants in common) affects available remedies.
Get a current market valuation: hire a qualified appraiser so you understand property value and potential proceeds.
Attempt negotiation/mediation: courts generally prefer parties to try to settle complex property disputes if possible.
If negotiation fails, consult a Rhode Island real estate or family law attorney to evaluate a partition action or enforcement motion in the divorce case.

Costs, timeline, and what to expect

Litigation can be costly and take months to over a year, depending on case complexity and whether a sale is needed. Court fees, attorney fees, appraisal and survey costs, commissioner or referee fees, and closing expenses will reduce net sale proceeds. If mortgage(s) or liens exist, they are paid from the sale proceeds before distribution.

Common complications

Outstanding mortgage or liens can delay or reduce proceeds.
If one owner refuses access or intentionally damages the property, seek injunctive relief or a receiver in court.
Tax consequences: sale of marital property may trigger capital gains taxes—consult a tax professional.
Title form: joint tenancy survivorship rights can affect outcomes on death; tenants in common split by ownership percentage.

Where to file and who handles partition in Rhode Island

Partition actions and divorce enforcement matters are filed in the Rhode Island Superior Court for the county where the property lies or where the divorce case was heard. For court procedures and local rules, consult the Rhode Island Judiciary site: https://www.courts.ri.gov/.

When to get a lawyer

Consider hiring an attorney when:

The other party refuses to cooperate.
There are mortgages, multiple liens, or complex title issues.
The property is difficult to divide physically (e.g., a single-family home on a small lot).
You need to enforce or interpret a divorce decree.

Sample outcome scenarios (hypothetical)

Scenario A: You and your ex own a two-acre lot. The court finds a physical division practical and awards each a roughly equal parcel (partition in kind).

Scenario B: You and your ex co-own a single-family home on a small lot. The court orders partition by sale. The property goes to auction or private sale, mortgage and costs are paid, and net proceeds are split per ownership share.

Scenario C: Your divorce decree required sale, but your ex refuses. You ask the divorce court to enforce the judgment and to order sale; the court can enter orders to accomplish that or refer the matter for contempt or enforcement procedures.

Helpful Links

Rhode Island General Laws — Title 34 (Property): https://webserver.rilin.state.ri.us/Statutes/TITLE34/INDEX.HTM
Rhode Island General Laws — Title 15 (Domestic Relations): https://webserver.rilin.state.ri.us/Statutes/TITLE15/INDEX.HTM
Rhode Island Judiciary (court information and local rules): https://www.courts.ri.gov/

Helpful Hints

Start by reviewing your deed and the divorce judgment—those documents control what you can ask the court to do.
Try mediation early—settling privately saves time, cost, and emotional energy.
Get an independent appraisal before accepting any buyout offer to ensure fair value.
Check the title for liens or mortgages; unresolved liens can block transfers or reduce proceeds.
Ask the court for temporary orders (e.g., exclusive occupancy or payment of mortgage) if the other co-owner is not cooperating.
Consult both a property-savvy divorce attorney and a real estate attorney if issues overlap (enforcement of divorce orders and partition law).
Prepare for costs: even a successful partition or enforcement can leave you with legal bills that affect your net recovery.

Disclaimer: This article explains general Rhode Island law and common procedures and is intended for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed Rhode Island attorney who can review the facts and documents and advise you of your rights and options.