Detailed Answer — How a partition sale works in Vermont

Basic principle: When two or more people own real property together (typically as tenants in common), any co-owner can ask a court to divide the property or order it sold and divide the proceeds. If you inherited your late father’s house and title now shows you and your sibling as co-owners, you generally can force a partition if the co-owners cannot agree.

Step-by-step process (typical)

1. Confirm how title is held. Look at the deed and any probate documents. If title became yours and your sibling’s as tenants in common (the most common post‑probate result), you may file for partition. If title shows joint tenancy with right of survivorship, the survivor may own the whole; if so, partition may not be available. If probate is incomplete, finish that first.
2. Try negotiation first. Before filing court papers, offer a buyout, mediation, or sale. Courts expect co‑owners to attempt a voluntary settlement. A written demand to buy your sibling’s interest or to sell helps show you tried to resolve the dispute.
3. File a partition complaint in Vermont Superior Court. If negotiation fails, file a civil action for partition in the county where the property is located. The complaint names all co‑owners and asks the court either to divide the property in kind (split the land/building) or, if division in kind is impractical, to order a sale and divide the net proceeds according to each owner’s share.
4. Court procedure and valuation. The court may appoint commissioners or a referee to survey and value the property, to attempt a division in kind, and to recommend whether a sale is necessary. If there are mortgages, liens, unpaid taxes, or other encumbrances, those will typically be paid from sale proceeds before distribution.
5. Partition in kind vs. partition by sale. Vermont courts prefer division in kind when it is fair and practical. For a single-family house on one lot, dividing the land physically is usually impractical; the court likely will order a sale. The sale may be by public auction or by private sale supervised by the court. Net proceeds are distributed according to ownership shares after liens and costs are paid.
6. Costs and attorneys’ fees. The court will allocate costs of the action (appraisers, referees, advertising, court costs). Whether attorneys’ fees are awarded depends on the circumstances and the court’s discretion. Expect filing fees, appraisal costs, and possible sale expenses to reduce your net recovery.
7. Possible outcomes. (a) One co‑owner buys out the other at an agreed or court‑determined price; (b) the court orders sale and divides proceeds; (c) parties settle at any time and dismiss the case. A forced sale can be slow and costly, so settlements are common.

Important legal considerations

• Type of ownership: Tenants in common can force partition. If ownership is joint tenancy with survivorship, the surviving owner may already own the property outright.
• Mortgages and liens: A mortgage remains attached to the property — it will typically be paid from sale proceeds. If a co‑owner is behind on mortgage payments, that can affect the process and may give the mortgagee rights to foreclose.
• Probate and estate issues: If title passed through probate, ensure the estate administration is complete and the deed is properly recorded before seeking partition.
• Tax consequences: Sale proceeds and buyouts can have capital gains tax implications. Consult a tax advisor before completing a sale.

Where to file and legal references

Partition actions are filed in Vermont Superior Court in the county where the property is located. For general statute research, see the Vermont Statutes online (search for terms such as “partition”): https://legislature.vermont.gov/statutes/. For information about Vermont courts and civil procedures, see the Vermont Judiciary: https://www.vermontjudiciary.org/.

Hypothetical example

Suppose you and your sibling each own 50% of your late father’s single-family home as tenants in common. Your sibling refuses any sale or buyout. You send a written offer to buy their share — they refuse. You then file a partition complaint in the county Superior Court asking for sale because physical division is impractical. The court appoints a commissioner who values the property, courts sets a sale, pays off the mortgage and closing costs, and divides the net proceeds 50/50 after costs. That is the usual path for this scenario.

When you should contact an attorney

Contact an attorney if:

• Title is unclear or probate is incomplete;
• Your sibling claims a different ownership interest or raises defenses;
• There are mortgages, creditors, or complex tax issues;
• You want to negotiate a buyout or structured settlement.

Helpful Hints

• Gather these documents before you act: deed, death certificate, will or probate papers, mortgage statements, property tax records, insurance policy, and any prior agreements between owners.
• Confirm the ownership form on the recorded deed—this determines whether partition is available.
• Try mediation early. A mediated buyout usually saves time and money compared with court‑ordered sale.
• Get a current market appraisal so you know the home’s value before making offers or asking the court for a sale.
• Be realistic about costs: legal fees, appraisals, court costs, and sale expenses will reduce the net proceeds you receive.
• If you want to keep the house, put a formal written buyout offer on the table (with proposed payment terms) and consider financing options before filing suit.
• Keep records of all written communications with your sibling — courts look favorably on parties who attempted resolution in good faith.
• If the property has tenants or is income‑producing, discuss interim rental income, expenses, and accounting in your complaint or settlement talks.