How to File a Partition Action in Vermont to Divide Inherited Property When a Co-Owner Won’t Cooperate | Vermont Partition Actions | FastCounsel
Get Matched
VT Vermont Partition Actions

How to File a Partition Action in Vermont to Divide Inherited Property When a Co-Owner Won’t Cooperate

August 12, 2025 6 min read

Detailed answer: How to pursue a partition action in Vermont when a co-owner won’t cooperate

Short answer: In Vermont, if a co-owner of inherited real property refuses to cooperate, an owner can ask the Superior Court in the county where the property is located to force a partition (a physical division or a sale). The usual steps are: confirm ownership and title, try negotiation or mediation, prepare and file a complaint for partition naming all owners and interested parties, serve the defendants, ask the court for a partition in kind (division) or, if that’s not feasible, a sale and division of proceeds, and follow the court’s orders for appointment of a commissioner or sale. Timing, costs, and outcomes vary depending on property type, liens, and competing claims.

Important disclaimer

This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a Vermont attorney licensed to practice in this state.

Background — why a partition action may be necessary

When multiple people own real property together (commonly as tenants in common), any one co-owner can ask the court to divide the property. If the owners cannot agree on use, sale, or division — for example after an inheritance where one co-owner refuses to cooperate — a partition action lets a neutral court decide whether the land can be physically divided (partition in kind) or whether it should be sold and the proceeds split.

Step-by-step procedure under Vermont practice

  1. Confirm ownership and who must be joined:

    • Gather the deed(s), the decedent’s will or probate documents (if any), death certificate, mortgage and lien records, and any written agreements among owners.
    • Determine each owner’s legal name and address. The court must usually join all persons with an ownership or recorded interest, including unknown heirs or parties holding liens. If heirs are unknown, the court may require notice procedures.
  2. Try informal resolution first:

    • Send a written demand to the co-owner(s) proposing a sale, buyout, or mediation. Courts often look favorably on evidence you tried to resolve the dispute reasonably.
    • Consider mediation or a neutral appraisal to establish fair market value and division options.
  3. Prepare the complaint for partition:

    • File in the Vermont Superior Court in the county where the property is located. The complaint should identify the property, describe the ownership interests, state that you are entitled to partition, name all co‑owners and any lienholders as defendants, and ask the court to order partition in kind or a sale.
    • Include requests for any interim relief you need: appointment of a receiver, injunction against waste or removal of property, or a lis pendens (notice of pending action) to protect the property during litigation.
  4. Service and response:

    • Serve the complaint and summons on all defendants under Vermont rules. If owners are out of state or unknown, the court has procedures for substituted or published service.
    • Defendants typically have a fixed time to answer. Expect possible counterclaims (e.g., adverse possession, claims of exclusive use, or allegations that a partition would be inequitable).
  5. Discovery and valuation:

    • Exchange information about title, encumbrances, improvements, and contributions to the property. The court may order appraisals and appoint a commissioner or referee to determine fair division or sale terms.
  6. Court determination — partition in kind or sale:

    • The court will consider whether the land can be fairly divided while preserving reasonable parcels. If division would be impractical or would materially diminish value, the court commonly orders a sale and splits the proceeds among owners according to their interests (after paying liens, costs, and any court‑awarded expenses).
    • The court may appoint a commissioner to divide parcels or to conduct the sale under court supervision. The commissioner or a sheriff may sell at public auction or under other court‑approved terms.
  7. Distribution of proceeds and closing the case:

    • After sale, the court approves the sale, pays liens and expenses, and orders distribution to owners. The court record reflects the new ownership or the end of the joint ownership arrangement.

Timing, costs, and practical considerations

Partition cases can take many months to over a year, depending on complexity (number of parties, dispute over value, liens, or if a sale is contested). Costs include court filing fees, service fees, appraisal fees, commissioner or auction costs, and attorneys’ fees. The court may allocate some fees or award costs to a prevailing party in certain situations.

Common issues and potential defenses

  • Co-owner claims exclusive ownership or a different interest (e.g., adverse possession). Courts will evaluate evidence.
  • Liens or mortgages must be paid or otherwise addressed; they affect who receives net sale proceeds.
  • Minor owners or unknown heirs require special notice or appointment of guardians/ad litem.
  • The presence of structures, access roads, or unique features may make partition in kind impractical.

Short hypothetical example

Emma and Jonah inherit a 12‑acre parcel as tenants in common. Jonah refuses offers to sell. Emma hires a surveyor and gets an appraisal, then files a partition complaint in the county Superior Court where the land is located. The court appoints a commissioner who reports that the parcel cannot be divided fairly without harming its value. The court orders a sale; after lien payoff and sale costs, the court distributes the net proceeds to Emma and Jonah according to their ownership shares.

Where to start and helpful Vermont resources

Helpful Hints

  • Document everything: keep copies of all communications, offers, appraisals, and expenses related to the property.
  • Obtain a current title report before filing so you can name all necessary parties and identify liens.
  • Try mediation early — it can save time and cost and often preserves relationships among heirs.
  • Consider buying out the uncooperative co-owner if you can secure financing — that can avoid court costs and a forced sale.
  • Be prepared for the court to favor a sale if physical division would create impractical or uneconomic parcels.
  • Ask about temporary relief (injunctions or a receiver) if the co-owner is damaging the property or removing assets.
  • If there are minors or unknown heirs, expect extra notice steps and possible appointment of guardians or conservators.

If you want help preparing to speak with an attorney, collect the deed(s), any probate paperwork, a summary of communications with co-owners, recent tax bills, and any appraisals or repair estimates. An attorney can advise on likely outcomes, the local court’s practices, and whether you have grounds for a fee award or other relief.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.