Partition Actions in Rhode Island: How the Court Divides or Sells Disputed Real Estate

This guide explains, in plain language, how a co-owner of real property in Rhode Island can ask a court to divide or sell the property when the owners cannot agree. It describes the typical steps, what the court can do, what documents you’ll need, possible outcomes, and practical tips to prepare. This is educational only and not legal advice.

Detailed Answer — What a partition action is and how to start one in Rhode Island

When two or more people own the same real property and cannot agree about its use, sale, or ownership shares, any co-owner may ask a court to force a division or sale of the property. That court process is called a partition action. In Rhode Island, a partition action is the usual remedy when private negotiation, buyout offers, or mediation fail.

Who may file

Any record owner of an interest in the property (for example, tenants in common or joint tenants) may file a partition complaint. A mortgagee, lienholder, or purchaser who holds some title interest may also have rights that the court must consider.

Where to file

Partition actions are civil lawsuits filed in the Rhode Island Superior Court in the county where the property is located. For court information, see the Rhode Island Judiciary: Rhode Island Superior Court.

Key statutory authority

Rhode Island law provides the framework for partition actions. See the Rhode Island General Laws dealing with partition actions (search for partition provisions in the Rhode Island statutes): Rhode Island General Laws (searchable).

Typical steps to start a partition action

Confirm ownership and interests. Obtain a copy of the deed(s) and run a title search to see who is listed, whether ownership is tenancy in common or joint tenancy, and whether any mortgages, liens, or leases affect the property.
Try to resolve the dispute first. Send a clear written demand offering remedies (sell, buyout, or divide). Consider mediation. Courts often expect parties to try settlement before full litigation.
Prepare the complaint for partition. If settlement fails, one co-owner files a complaint for partition in Superior Court. The complaint states the ownership, describes the property, explains the dispute, and asks the court to divide the property in kind (split it) or, if division is impractical, order a sale and divide the proceeds.
Serve the other owners and parties. The plaintiff must serve all co-owners and any known lienholders or interested parties with the complaint and summons. Proper service gives the court jurisdiction over those parties.
Defenses and interim requests. Responding parties may file answers and raise defenses (e.g., claims of unequal contribution, offsets for improvements, or that the property cannot be divided). A party can ask the court for temporary relief, such as appointing a receiver to collect rents or preserve the property.
Court process and valuation. The court may order a survey, appraisal, or appoint commissioners to inspect the property and propose a partition in kind or sale. If division in kind is possible and fair, the court may divide the land. If division would damage the property’s value or is impractical, the court typically orders a sale and divides net proceeds among owners according to their interests, after paying liens and costs.
Final accounting and distribution. After sale or division, the court oversees distribution: pay mortgages, liens, taxes, sale costs, and then distribute net proceeds among owners according to ownership shares and any court-ordered adjustments for contributions or improvements.

When the court will order sale rather than division

The court will usually prefer a physical division (partition in kind) if it can be done without unfairness or significant loss in value. The court will order a sale when division in kind is impractical, would materially reduce value, or the property’s nature (e.g., a single-family house on one lot) makes division impossible.

Effect on mortgages, liens, and tenants

Liens and mortgages generally remain attached to the property. The court will pay outstanding liens from the sale proceeds or otherwise allocate responsibility. Tenants with lease rights may be affected by a sale; the court will consider existing leases and may appoint a receiver to collect rents during litigation.

Costs, fees, and timeline

Costs vary. Litigation typically involves court filing fees, service costs, appraisal or survey fees, possible receiver costs, and attorney fees. The timeline can range from several months to more than a year depending on complexity, discovery, and whether the case settles. Courts can, in some cases, allocate costs between parties.

Practical outcomes

Partition in kind: property divided into separate parcels owned individually.
Partition by sale: property sold at public or private sale; proceeds divided after paying debts and costs.
Buyout: one owner buys out the other owner’s share. This often occurs by agreement before or during litigation.

Helpful Hints

Gather documents early: deed(s), mortgage statements, tax bills, surveys, leases, receipts for improvements, and any written agreements among owners.
Attempt settlement first. A neutral mediator can be faster and far cheaper than court.
Get an appraisal or market opinion before filing to understand likely division outcomes and value if sold.
Consider hiring a Rhode Island real estate attorney experienced in partition and quiet title matters. They can prepare pleadings, handle service, and represent your interests in court.
Be realistic about costs versus the value of owning the property. For low-value properties, litigation costs may outweigh any benefit from partition.
If you occupy the property, document your contributions to mortgage payments, taxes, repairs, and improvements. The court may consider these when allocating proceeds.
Expect delays. Courts manage many civil cases and scheduling can extend timelines.

Next practical steps: Try to negotiate a written agreement or mediation. If that fails and you decide to proceed, consult a Rhode Island attorney who can file the complaint for partition in the proper county Superior Court, make sure all parties and lienholders are joined, and guide you through valuation, possible receivership, and distribution.