Can you prevent a co-tenant from forcing the sale of an inherited Vermont home?

Short answer: Possibly. Vermont law allows a co-tenant to sue for partition (to divide or force sale of jointly owned real estate). But you have defenses and options: you can ask for partition in kind (division instead of sale), seek a buyout, claim credits for expenses or improvements, raise procedural or title defenses, or negotiate a settlement. This article explains practical steps, typical legal defenses, paperwork to gather, and how to present your position in court.

How partition actions work in Vermont (basic overview)

A partition action is a lawsuit one co-owner files to divide or sell jointly owned property. Inherited property commonly results in co-ownership as tenants in common. A court can order:

Partition in kind — the property is physically divided so each owner gets a portion; or
Partition by sale — the court orders the property sold and the proceeds divided among the owners.

Courts usually prefer partition in kind when a fair and practical division exists. When the property cannot be divided fairly (for example, because it’s a single-family home on one lot), courts often order sale and split the proceeds.

For statutory context, see the Vermont statutes and the Legislature’s resources on partition and related actions: Search Vermont Statutes: “partition”. For court procedure and rules, see the Vermont Judiciary site: Vermont Judiciary.

Common defenses and legal responses

When a co-tenant files for partition, you typically respond in court. Typical defenses and responses include:

Ask for partition in kind: Argue a fair physical division is possible. Courts favor division over sale when it won’t be inequitable or impractical.
Seek a buyout: Offer to buy out the petitioning co-tenant’s share (or ask they buy yours). Courts may order a valuation and allow a buyout if funds are available.
Claim credits and offsets: Ask the court to credit you for payments you made (mortgage, taxes, insurance, repairs, or meaningful improvements). Keep records of these expenses and who benefited.
Assert equitable defenses: If the petitioner committed waste (deliberate damage), engaged in misconduct, or excluded you from the property (ouster), you can ask the court to adjust distributions or deny relief until accounting occurs.
Challenge title or standing: If the petitioner lacks legal title or standing, or if the decedent’s estate or probate proceeding affects ownership, raise those issues early.
File counterclaims: You can demand an accounting for rents or profits, seek reimbursement for necessary expenses you paid, or raise claims that affect how proceeds should be divided.
Request a delay or injunction: If sale would cause immediate, irreparable harm (for example, a pending refinance, a planned buyout, or ongoing occupancy issues), you may seek temporary relief to postpone sale while disputes resolve.

What you should do immediately if served

Read the complaint and sum mon s carefully. Note filing deadlines for your response; missing deadlines can hurt your position.
Preserve and gather documents — deed, death certificate, will or probate documents, mortgage statements, tax bills, insurance, repair receipts, utility bills, rental agreements (if any), photographs, and correspondence with co-tenants.
Calculate contributions and losses. Itemize your payments for mortgage, taxes, utilities, repairs, and documented improvements.
Talk with the co-tenant (if safe and practical). A negotiated buyout or settlement often saves time and cost compared with litigation. Consider mediation.
Consider legal counsel. An attorney can draft an answer and counterclaims, negotiate, or present valuation and accounting arguments in court.

Evidence and proof that help your case

Successful defenses often rely on clear documentation. Bring:

Title/deed and probate/estate paperwork showing how ownership arose.
Invoices and cancelled checks for mortgage, taxes, insurance, utilities, and repairs.
Receipts and contracts for major improvements (with before/after photos).
Receipts or statements showing rental income or offers to rent.
Appraisals or market analyses demonstrating property value and whether division in kind is practical.
Communications (emails, texts) showing agreements or discussions about sale or occupancy.

Practical alternatives to litigation

Buyout agreement: One co-owner pays the other’s share based on a valuation.
Mediation: A neutral mediator can help owners reach a settlement that avoids court-ordered sale.
Partition by agreement: Owners can voluntarily divide property, refinance, or sell under negotiated terms.

Costs and timing to expect

Partition litigation can take months or longer. Expect court fees, appraisal costs, attorney fees, and possible real-estate marketing and sale costs if the court orders a sale. Settlements and buyouts typically cost less and resolve faster than contested court proceedings.

When to get a lawyer

Consult an attorney if:

You face an active partition complaint and need to meet court deadlines.
Large money or equity stakes are at issue.
Title, probate, or complex financial accounting issues exist.
You need help negotiating a buyout or settlement agreements.

Helpful Vermont resources

Vermont Legislature (statutes search): Search “partition” in Vermont statutes
Vermont Judiciary (court rules and self-help info): Vermont Judiciary
General legal help and referrals: Vermont Legal Aid and LawHelp Vermont

Helpful Hints

Do not ignore a complaint. Responding preserves rights and defenses.
Document every payment and improvement you make to the property. Paper trails matter.
Get an independent appraisal early to know the property’s market value.
Consider mediation before trial; courts often encourage settlement.
If you live in the home, track payments and living arrangements to support claims for reimbursement or offset.
Ask the court for a partition in kind if dividing the land or home is fair and feasible.
Keep communication civil with co-tenants. Hostile exchanges can worsen outcomes and create evidence of misconduct or bad faith.

Disclaimer: This article explains general legal concepts under Vermont law and provides practical steps you can take. It is not legal advice, and it does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Vermont attorney.