Quick answer

If you inherit real property together with one or more heirs in Rhode Island, each heir usually owns an undivided interest (a tenancy in common). An occupying heir cannot keep you from using or disposing of your share. If the heir refuses to move out or to agree to sell, you generally have these options: negotiate a buyout, seek a partition (court-ordered division or sale), or file an action (e.g., ejectment or partition) in Rhode Island Superior Court to force a sale or division and to recover your share of the proceeds and possible rents or expenses.

How ownership works for heirs in Rhode Island

When property passes to multiple heirs (by will or intestacy), the heirs typically own the property as co-owners—commonly called tenants in common. Each co-owner has a right to possession of the entire property but only owns a proportional share in value. No co-owner has an absolute right to exclude another co-owner from the property simply because they object to a sale.

Practical paths you can take

1. Negotiate a buyout. Offer to buy the occupying heir’s share at a fair price. Use a current appraisal to support your offer. A written demand and a reasonable deadline can motivate an agreement.
2. Agree to a timed sale or listing. Propose listing the property and splitting net proceeds. A clear written agreement about listing price, expenses, and timing reduces conflict.
3. File a partition action in court. If negotiation fails, you can ask the court to partition the property. Courts generally prefer partition in kind (physically dividing the land) when possible. When a fair division isn’t feasible, the court orders a partition by sale and divides the proceeds among owners according to their shares. Partition actions in Rhode Island are handled in the Superior Court (civil division).
4. Seek ejectment or a court order. If the occupying heir is trespassing (for example, they are not a lawful co-owner or they exclude you from your rights), you may be able to bring an ejectment or related action. If they are a co-owner but are causing waste or refusing to allow partition, the partition action can address possession, rents, and damages.

What the court can do in a partition case

In a Rhode Island partition action the court can:

• Order a physical division of the property when practical.
• Order a sale of the property and a division of the proceeds when division in kind is not practical.
• Appoint a commissioner or official to manage the sale and distribution of proceeds.
• Decide who pays expenses, taxes, repairs, and improvements, and may award credits or charge costs against particular owners.
• Address claims for rents, profits, or damages if one co-owner has wrongfully excluded another or caused waste.

Because partition and property procedures are civil matters, you will file in the Rhode Island Superior Court in the county where the property is located. For general court information see the Rhode Island Judiciary site: https://www.courts.ri.gov/.

Money issues: rents, expenses, and credits

If a co-owner occupies the property and does not pay rent to the other owners, a court may order an accounting. That could mean awarding the non-occupying owners a share of rental value or requiring the occupying co-owner to pay when the partition proceeds are distributed. Similarly, the court can allocate responsibility for taxes, mortgage payments, repairs, and improvements. Keep careful records of any expenses or income related to the property.

Typical steps to take now

1. Gather documents: deed, will or probate papers, death certificate, mortgage statements, tax bills, insurance, and any written agreements.
2. Get a current market appraisal or broker price opinion so you and the other heirs know the property’s fair market value.
3. Send a clear, dated written demand to the occupying heir stating your position and a deadline (for example, an offer to buy their share or to list the property).
4. If the occupying heir refuses to cooperate, consult a Rhode Island real estate or probate attorney to evaluate filing a partition or related action in Superior Court.
5. Preserve evidence of any damages, waste, denied access, or rental income; take photos and keep records of communications.

Timeline and costs

How long a partition or ejectment case takes depends on court schedules, complexity (title disputes, liens, mortgages, or additional claimants), and whether the parties settle. Expect several months to over a year in contested cases. Courts may order sale by public auction or private sale supervised by a court-appointed official. You should plan for attorney fees, court costs, appraisal expenses, and possible costs for property maintenance while the case proceeds.

When to get legal help

Talk to a Rhode Island attorney if you face any of these situations:

• The occupying heir denies your ownership rights or refuses to negotiate.
• There are disputes about the will, intestate heirs, or title issues.
• The occupying party is causing waste, damage, or is withholding rents and profits.
• Liens, mortgages, or other encumbrances complicate the property’s value.

An attorney can help file a partition or ejectment action, negotiate buyouts, seek temporary relief, and advise about how courts allocate costs and proceeds in Rhode Island.

Key Rhode Island resources and statutes

Rhode Island codified laws and court resources are useful starting points:

• Rhode Island General Laws (Title on property matters): https://webserver.rilin.state.ri.us/Statutes/
• Rhode Island Judiciary (Superior Court information and civil filings): https://www.courts.ri.gov/

Note: Partition and real property remedies are primarily matters for civil courts. Linking to the General Laws and the Judiciary will help you find the specific statute sections and procedural rules that apply to partition, ejectment, and related relief in Rhode Island.

Helpful Hints

• Put offers and demands in writing. Oral promises are hard to enforce.
• Get a professional appraisal early—knowing value makes negotiation easier.
• Keep records of any money you spend on the property; you may recover some expenses in court.
• Consider mediation before filing suit. Courts often encourage or require mediation for partition disputes.
• If you plan to buy out the occupant, insist on a clear closing process and a new deed showing sole ownership.
• Act quickly to protect your rights. Delays can make disputes harder and can complicate accounting for rents and expenses.