Detailed answer — step-by-step guide under Rhode Island law

If you co-own real property in Rhode Island and a co-owner refuses to agree to a sale or division, you can usually force a partition through court. Below are the typical steps and legal issues you should expect when starting a partition action in Rhode Island.

1. Confirm the type of ownership and your standing

Identify whether you and the other owner(s) hold the property as tenants in common or as joint tenants. In most jurisdictions, including Rhode Island, any co-owner who owns an undivided interest may seek partition. Differences in ownership form (tenancy in common vs. joint tenancy) affect survivorship rights and how a court allocates shares, so confirm title by reviewing the deed and chain of title.

2. Collect key documents and facts

Before filing, gather:

• The deed(s) showing each owner’s interest and the legal description of the property
• Current mortgage statements, tax bills, homeowners association statements, and any liens
• Title insurance policy or preliminary title report (if available)
• Survey or plot plan, if one exists
• Any leases, rental agreements, or records of rents and expenses
• Communications with the co-owner(s) about dividing or selling the property

3. Attempt negotiation or mediation first (strongly recommended)

Court-ordered partition is often slow and expensive. Try a buyout, voluntary sale, or mediation. A buyout usually requires a current market valuation or appraisal. If mediation fails, you still preserve the right to file a court action.

4. Prepare and file a partition complaint in the proper court

In Rhode Island, partition actions are civil proceedings filed in the Superior Court (the court that handles most equity and property actions). Your complaint should identify:

• The parties and their interests
• A precise legal description of the property
• The nature of the co-ownership and the relief sought (partition in kind or sale)
• Any claims for accounting of rents and profits or for appointment of a receiver

The complaint asks the court to divide the property physically (partition in kind) if practical, or to order a sale and divide proceeds among owners. You must name and serve all parties with an interest in the property (other co-owners, mortgage holders, lienholders, and known tenants).

For Rhode Island statutes on property and partition matters, see Title 34 (Real Property): https://webserver.rilin.state.ri.us/Statutes/TITLE34/. For filing locations and local Superior Court information, visit the Rhode Island Judiciary: https://www.courts.ri.gov/.

5. Serve process and give notice to lienholders

After filing, you must serve the complaint and summons on all co-owners and known lienholders. Unknown owners or absentee parties may require service by publication under court rules. Mortgages, tax liens, and judgments against the property must be listed and those holders included so proceeds can be distributed properly.

6. Interim relief — lis pendens, injunctions, and receivers

You can ask the court for immediate protections:

• Lis pendens (notice on the property record) to alert potential purchasers the property is subject to litigation
• An injunction to prevent waste or unauthorized transfers
• Appointment of a receiver to collect rents, preserve income, or maintain the property if necessary

These steps help protect the property’s value while the case is pending.

7. Valuation, commissioners, and partition in kind vs. sale

If the court finds partition in kind feasible, it may appoint commissioners to physically divide the land or allocate lots among owners (rare for single-family homes). More commonly, the court orders the property sold and distributes net proceeds after paying debts, costs, and liens. The court may order one side to buy out others at an appraised market value if a fair buyout is possible.

8. Handling mortgages, liens, and priorities

Outstanding mortgages and liens generally survive a partition and are paid from sale proceeds according to priority. Co-owners remain responsible for mortgages unless the lender releases them. Make sure the complaint joins all lienholders so the distribution can resolve encumbrances.

9. Costs, timelines, and likely outcomes

Partition actions can take several months to over a year depending on complexity, discovery, and court schedules. Costs include filing fees, service fees, attorneys’ fees, appraisal fees, and possibly commissioner or receiver fees. Many cases settle once parties better understand values and costs.

10. After the sale or division

After a sale, the court oversees distribution of proceeds to pay mortgage(s), taxes, liens, costs, and then divides the remainder among owners according to their ownership interests. If the court orders a division in kind, it will also allocate any monetary compensation necessary to equalize unequal divisions.

Helpful Hints — practical tips before you file

• Get a title search and current appraisal before negotiating; accurate numbers help settlement.
• Document all communications with the co-owner(s) about dividing or selling the property.
• Look into mediation programs—courts often encourage or require alternative dispute resolution.
• If the property produces rent, track income and expenses carefully: the court can account for rents and profits.
• Consider whether a buyout is practical: buyouts avoid sale costs and timing delays but require financing.
• Be aware of tax implications of sale or buyout; consult an accountant about capital gains and basis.
• Include mortgage and lienholders early so their claims do not surprise you at distribution time.
• Ask the court for a receiver if the co-owner is damaging the property or failing to pay taxes or mortgage payments.
• Work with an attorney who knows Rhode Island property law and local Superior Court practice; a lawyer can draft a complaint that meets local rules and handles complex title issues.
• Expect to budget for court and expert costs: appraisals, surveys, commissioner or receiver fees, and attorney fees.