Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
A partition action under Vermont law lets co-owners of real property ask the court to divide or sell the property when they cannot agree on its use or management. Under Title 14 of the Vermont Statutes, Chapter 61 governs partition actions.
1. Who Can File?
Any co-owner of land or a recorded interest in real property may file a partition suit in the Vermont Superior Court.
2. Types of Partition
- Partition in Kind: The court attempts to physically divide the property among owners based on their ownership shares. (See 14 V.S.A. § 3802)
- Partition by Sale: If dividing the land is impractical or unfair, the court orders a public sale and distributes net proceeds among owners according to their ownership percentages. (See 14 V.S.A. § 3803)
3. Filing the Complaint
The initiating party (plaintiff) files a complaint stating the nature of ownership, the property’s description, and the relief sought (division or sale). The plaintiff serves all co-owners (defendants) with the complaint and a court summons.
4. Court Proceedings
Once served, co-owners can respond, raise disputes, or propose appraisals. The court may order:
- Appraisals by qualified professionals
- Accountings for improvements, expenses, or rents
- Mediation or settlement conferences
If parties cannot settle, the court issues an order for partition in kind or sale. The judge will appoint a commissioner or referee to oversee any sale or physical division, report back, and handle distribution of proceeds or titles.
5. Costs and Liabilities
Court costs, appraisal fees, and commissioner expenses generally reduce each co-owner’s net proceeds proportionally. A court may adjust shares if one party improved or maintained the property disproportionately.
Helpful Hints
- Gather all deeds, title documents, and ownership agreements before filing.
- Consider an appraisal early to estimate market value.
- Explore mediation to save time and legal expenses.
- Budget for court fees, appraisal costs, and commissioner or referee fees.
- Keep detailed records of any improvements, repairs, or expenses.
- Consult a qualified real estate attorney to guide you through procedural requirements.