FAQ: Filing a partition-for-sale action in Vermont when some heirs refuse to sell
Disclaimer
This is general information only and not legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed Vermont attorney.
Detailed answer — how a partition-for-sale suit works in Vermont and what you must do
If you co-own inherited land with siblings and a minority refuses to sell, you can generally ask a Vermont court to order a partition. A partition action asks the court to divide the property among co-owners (partition in kind) or, if division is impractical or inequitable, to order a sale and divide the proceeds (partition by sale).
Vermont recognizes partition actions as a remedy for co-owners. For statute text and related provisions, consult the Vermont Legislature and local court rules: https://legislature.vermont.gov/statutes/search?search=partition and the Vermont Judiciary website for civil forms and filing information: https://www.vermontjudiciary.org/forms
Step-by-step: filing and pursuing a partition-for-sale action
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Confirm ownership and shares.
Gather the deed(s), probate documents showing the inheritance, any wills or intestacy determinations, and title evidence. The complaint must identify all owners and describe each person’s ownership interest.
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Decide the relief you want.
Most plaintiffs ask for either partition in kind (division of the land into separate lots) or, if division would be impractical, partition by sale (court-ordered sale with proceeds divided among owners according to their shares). You can ask the court to allow sale if you expect the objecting co-owner to prevent practical division.
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Prepare and file the complaint for partition in the appropriate Vermont court.
File a civil complaint (often in Superior Court, Civil Division) naming all co-owners and any lienholders as defendants. The complaint should state your title, the co-owners’ shares, and the relief requested (partition in kind or sale). Vermont court filing procedures and local rules determine exact forms and fees — check Vermont Judiciary forms and local rules before filing: https://www.vermontjudiciary.org/forms
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Serve all defendants correctly.
After filing, you must serve each co-owner and any claimants (mortgagees, lienholders, etc.) pursuant to Vermont civil procedure rules. Proper service is essential — failure to serve someone can delay or void the proceeding.
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Court evaluates whether division in kind is feasible.
The court will consider whether the land can be fairly divided without material injury to co-owners. If division in kind is feasible and fair, the court may order it. If not, the court may order sale and distribution of proceeds.
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Appointment of commissioners or a referee.
The court commonly appoints commissioners (or a referee) to survey, value, and recommend a division or the best method to sell the property. Commissioners prepare maps, valuations, and reports for the court.
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Sale process and distribution.
If the court orders a sale, it will direct how the sale occurs (public auction, private sale with court approval, or sale through a broker). After sale, the court oversees payment of liens, costs, and divides the net proceeds according to ownership shares.
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Possible offsets and adjustments.
The court may credit co-owners for improvements, payments of taxes, or contributions against an owner’s share. The court has equitable power to adjust shares to reflect such contributions.
Practical considerations and common issues
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Minority owners cannot block a partition forever.
Courts rarely allow an owner to prevent partition when co-owners want division or sale, though the court may delay or shape the remedy to avoid unfairness.
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Costs, delays, and fees.
Partition suits can be costly. Expect court filing fees, surveyor and appraiser fees, legal fees, and possible commissioner fees. The court may award costs or attorney’s fees in some circumstances but not routinely.
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Mediation and buyouts are often faster and cheaper.
Before or during litigation, consider offering to buy out the dissenting owner at a fair appraised value, or use mediation to divide the property. Courts often encourage settlement and may stay proceedings for good-faith negotiations.
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Liens and mortgages affect outcome.
Existing mortgages and liens must be paid from sale proceeds in priority. Identify all encumbrances early so they are included in the suit.
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Title and boundary complications.
If title is unclear or boundaries are disputed, the court may need extra proceedings (quiet title, boundary determination) that can lengthen the case.
Hypothetical example
A, B, and C inherit 150 acres as tenants in common with equal shares. C refuses to sell. A and B file a partition complaint asking for sale because the land cannot be fairly divided without leaving parcels too small to use. The court names commissioners who appraise the property and recommend sale. The court orders a public sale; after paying off a mortgage and costs, the net proceeds are split one-third each.
Where to find Vermont rules, forms, and statutes
- Search Vermont statutes related to partition and property on the Vermont Legislature site: https://legislature.vermont.gov/statutes/search?search=partition
- Vermont Judiciary forms and civil filing information: https://www.vermontjudiciary.org/forms
Helpful Hints
- Collect deeds, probate records, mortgage statements, tax bills, and any written agreements among heirs before you meet an attorney or file.
- Get a current professional appraisal early. It supports buyout offers and helps the court set fair value if there is a sale.
- Consider mediation before filing. A buyout or an agreed division often saves time and money.
- Identify and list all possible claimants (creditors, mortgagees, anyone with an interest) so the complaint names them and avoids later delays.
- Be realistic about costs. If the property’s market value is modest, litigation costs may consume much of any sale proceeds.
- If you want to keep part of the property, propose a clear plan in writing (who keeps which parcel, who pays for adjustments) before or during the case.
- Ask any attorney you consult about experience with partition actions and how they will calculate likely net proceeds after fees and liens.