Detailed Answer
Under Rhode Island law, any co-owner of real property may force a sale through a partition action in Superior Court. The process begins when a co-owner files a petition for partition under R.I. Gen. Laws § 34-18-1 (34-18-1). The petition must name all other co-owners and describe the property.
Once filed, the court appoints commissioners to examine the land. If the commissioners determine the property can divide fairly (a partition in kind), they draft a plan dividing the parcel among owners. If physical division is impractical or inequitable, the court orders a sale under R.I. Gen. Laws § 34-18-3 (34-18-3).
When the court orders a sale, it sets terms and appoints a commissioner or referee to conduct a public auction. After the sale, the commissioner pays debts, liens, and costs, then deposits net proceeds with the court. The court distributes funds to owners according to their ownership shares under R.I. Gen. Laws § 34-18-5 (34-18-5).
This action ensures that co-owners unable to agree can end joint ownership fairly. Timelines vary, but parties should expect several months from filing to distribution.
Helpful Hints
- Gather and review your deed to confirm ownership percentages.
- Consider mediation before filing to save time and costs.
- Obtain a current appraisal to support fair market value at sale.
- Budget for court fees, commissioner fees, and publication costs.
- Consult an attorney to navigate procedural requirements and deadlines.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult a qualified attorney.