Starting a Partition Lawsuit for Inherited Land in Rhode Island

Short answer: If co-owners of inherited land cannot agree on what to do with the property, one co-owner can ask the Rhode Island Superior Court to divide or sell the land through a partition action. This article explains how partition actions generally work in Rhode Island, what steps you should take, and what to expect. This is educational information and not legal advice.

Disclaimer

This information is for educational purposes only and does not create an attorney-client relationship. It is not legal advice. For advice about your situation, consult a licensed Rhode Island attorney.

What is a partition action?

A partition action is a civil lawsuit one or more co-owners file to divide, sell, or otherwise end joint ownership of real property when the owners cannot agree. The court can order a physical division (partition in kind) if the property can be fairly divided, or it can order a sale and divide the proceeds (partition by sale) if physical division is impractical or would impair value.

Who can file?

Any owner of an interest in the property (for example, a tenant in common) may file a partition action.
Owners who hold title as joint tenants with right of survivorship may have different remedies; often inherited property is held as tenants in common after probate.

Primary Rhode Island authorities

Partition actions proceed under Rhode Island civil procedure and property law. For statutory text and chapter listings, search the Rhode Island General Laws: https://www.rilegislature.gov/Statutes/. For court procedures, see the Rhode Island Judiciary and Superior Court information: https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx.

Step-by-step: How to start a partition lawsuit in Rhode Island

Confirm ownership and title type. Get copies of the deed, probate orders, and any trust documents. Identify each person with a legal interest.
Try to resolve it outside court first. Offer mediation, buyout offers, or an agreement to sell. Courts often favor settlement and parties save time and fees.
Gather documents. Collect the deed, wills, probate records, mortgage statements, tax bills, leases, insurance, and evidence of payments for upkeep or improvements.
Decide what relief you want. A partition in kind asks the court to divide the land physically. A partition by sale asks the court to sell the property and split proceeds. You can ask the court to appoint commissioners or a master to value and divide.
Draft and file a complaint for partition. In the complaint you must identify the property, list all owners and their addresses, state the type of interest each owner has (if known), explain the attempts (if any) to resolve the dispute, and ask the court to partition the property or order a sale. The complaint is filed in the Superior Court where the property lies.
Serve the other owners and interested parties. Proper service of the complaint and summons is required. If owners cannot be located, the court allows substituted service or notice by publication in certain circumstances.
Preliminary motions and temporary relief. Either side may ask the court for temporary orders to prevent waste, require insurance, preserve rental income, or control access pending final resolution.
Appointment of commissioners or a master. If the court orders partition, it may appoint commissioners to survey, value, and attempt practical division. If division is impossible or inequitable, the court can order a sale, often via sheriff or auction, and divide net proceeds after liens and costs.
Accounting and credits. The court will consider liens (mortgages), payments for taxes, mortgage payments, maintenance, and improvements. Co-owners who paid more or who received rents may receive credits or be required to reimburse the estate before proceeds are split.
Final decree and distribution. After valuation, possible sale, and payment of debts and costs, the court enters a decree that ends co-ownership and orders distribution of proceeds.

Important practical points under Rhode Island law

Venue: File in the Superior Court in the county where the property is located. See the Superior Court site for local filing rules: Rhode Island Superior Court.
Probate interplay: If the land is still in a probate estate or held in a trust, address those proceedings first or notify the probate court. Partition may be coordinated with probate administration.
Liens and mortgages: Outstanding mortgages survive title. The mortgage lien must be paid at sale, or buyers may assume the mortgage according to lender rules.
Costs and fees: The court can apportion costs. In some cases where one co-owner caused the dispute, the court may make adverse cost or fee awards, but attorney fees are not guaranteed.
Timeframe: Partition actions can take many months to over a year, depending on complexity, required surveys, and whether a sale is needed.

Common procedural issues

If one co-owner blocks access or makes unauthorized improvements, seek emergency relief to stop waste.
If a co-owner lives on the property, the court considers occupancy and may order rent or an offset.
When owners cannot be found, the court allows service by publication after reasonable efforts to locate them.
Co-owners with unequal interests: The court divides proceeds according to each owner’s legal share, subject to credits for payments or improvements.

When is partition in kind possible?

Partition in kind works best when the property can be divided into physically separate parcels without significantly reducing market value. For single-family homes or small lots, partition in kind is often impractical and courts order sale instead.

Alternatives to filing a lawsuit

Mediation or facilitation to reach a buyout or sale agreement.
One owner buys out co-owners by paying fair market value established by appraisal.
Voluntary sale on the open market and distribution of proceeds according to interests.
Partition by agreement: the parties can agree to terms and ask the court to enter a consent decree avoiding full litigation.

Checklist before you file

Clear copy of the deed and title chain.
Probate documents (if the property transferred via probate).
Mortgage and tax records.
Records of who paid what for maintenance, taxes, and improvements.
Contact information for all co-owners and any lienholders.
At least one recent appraisal or market analysis if available.

How an attorney can help

A Rhode Island attorney can:

Confirm title interests and recommend whether to seek partition in kind or by sale.
Draft and file the complaint and manage service and court deadlines.
Advise on temporary relief to protect the property and income.
Negotiate settlements, buyouts, or coordinated sales to avoid trial.
Handle complex issues like multiple liens, absentee owners, or tax consequences.

Helpful links and resources

Rhode Island General Laws (statutes search): https://www.rilegislature.gov/Statutes/
Rhode Island Judiciary — Superior Court: https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx
Local county court clerk’s office (use Superior Court site to locate the correct county clerk).

Helpful Hints

Start by collecting documents. Good records save time and costs.
Get one or more appraisals early to frame buyout offers or settlement talks.
Offer mediation before filing. Courts encourage settlement and mediation can be faster and cheaper.
If you plan to live on the property during litigation, keep records of occupancy and expenses to request appropriate credits or rent.
Expect lender involvement if there is a mortgage; contact the mortgage holder early to understand their position.
Consider tax consequences of a sale or buyout; consult a tax advisor if proceeds will be substantial.
Hire a Rhode Island real property attorney for filing, service, and courtroom matters—procedural mistakes can delay or damage your case.

If you want help preparing to talk to a Rhode Island attorney, collect the checklist items above and be ready to explain what offers or negotiations you already tried. A lawyer can evaluate whether a partition lawsuit is likely to succeed and estimate costs and timing for your situation.

Remember: This is educational information only and not legal advice. For tailored advice, consult a licensed attorney in Rhode Island.