How to File a Partition Action for Co-Owned Land in Rhode Island
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Detailed Answer
Under Rhode Island law, co-owners of real property—known as tenants in common—can seek to divide land by filing a partition action. See R.I. Gen. Laws § 34-6-1. A partition action can result in either a physical division of the land (partition in kind) or sale of the property with proceeds divided among owners.
1. Identify Eligible Co-Owners and Interests
List all relatives holding an ownership interest. Confirm each owner’s percentage or share. Gather deeds, mortgage records, and other title documents.
2. Attempt Amicable Agreement
Rhode Island courts encourage co-owners to agree on a partition method. Mediation can reduce costs and avoid litigation.
3. Draft and File the Petition
- Prepare a sworn petition naming all tenants in common and stating each interest.
- Describe the property’s legal description and address.
- Specify desired relief: partition in kind or sale.
- File with the Rhode Island Superior Court in the county where the property sits and pay the required fee.
The petition must comply with court rules and include a proposed order appointing a commissioner. See R.I. Gen. Laws § 34-6-13.
4. Serve Co-Owners and Interested Parties
Serve the petition and summons under Rhode Island Superior Court Rule of Civil Procedure 4.2. Provide each co-owner proper notice to appear and defend.
5. Court Hearing and Commissioner Appointment
At the hearing, the judge reviews the petition. If granted, the court appoints a commissioner to oversee the partition or sale. See R.I. Gen. Laws § 34-6-12.
6. Partition in Kind or Sale
The commissioner conducts surveys and valuations. For a sale, the court orders a public auction. Net proceeds get distributed per ownership shares.
7. Final Court Decree
After compliance with the commissioner’s report, the court issues a decree finalizing the division or sale and distribution.
Helpful Hints
- Review R.I. Gen. Laws Title 34, Chapter 6 for detailed statutory requirements.
- Collect accurate property plats and surveys in advance.
- Consider hiring a mediator to explore informal settlement.
- Factor in time for notice periods and judicial scheduling.
- Budget for court costs, survey fees, and potential expert appraisals.