What is a partition action?

A partition action is a civil lawsuit brought by one or more co-owners of real property asking the court to physically divide the land (partition in kind) or to order the sale of the property and divide the proceeds among the owners. Co-owners typically include tenants in common, joint tenants, or heirs who inherit property together. If owners cannot agree on sale, use, or division, a partition action forces a final solution through the Superior Court where the property sits.

When can you start a partition action in Vermont?

You can start a partition action whenever two or more people hold legal interests in the same piece of real property and cannot agree on what to do with it. Common situations include inherited property with multiple heirs, co-owners who disagree about sale or use, or business partners who jointly own property. The court for the county where the property lies has jurisdiction over the action.

High-level steps to start and complete a partition action

1. Try to resolve the dispute first.

   Before filing, attempt negotiation, buy-out offers, or mediation. Courts often encourage settlement and that can save money and time.

2. Identify all owners and interested parties.

   Make a list of all co-owners, mortgage holders, lienholders, tenants with leases, and potential heirs. You must name and serve every necessary party; otherwise the court may not be able to fully settle ownership rights.

3. File a complaint (petition) in Vermont Superior Court.

   The complaint should identify the property (by address and legal description), name all owners and lienholders, state each party’s claimed share, explain why partition is necessary, and ask the court for relief (divide the property if practical or order sale and distribution). File in the civil division of the Superior Court in the county where the property is located.

4. Serve process and notify interested parties.

   After filing, deliver the complaint and summons to each defendant following Vermont rules for service. If some parties are unknown or cannot be found, the court may allow substituted service or publication.

5. Temporary orders and receivership (if needed).

   Either side may ask the court for temporary relief: an order for accounting of rents, an injunction to prevent waste or sale, or appointment of a receiver to preserve the property and collect rents while the case proceeds.

6. Fact-finding, valuation, and possible appointment of commissioners.

   The court may appoint commissioners, referees, or experts to survey and value the property and propose a division if partition in kind is possible. If the property cannot be fairly divided, the court typically orders a sale. The court will consider practicality: whether a physical division would be equitable and feasible.

7. Trial or settlement.

   If parties do not settle, the case proceeds to trial on issues such as ownership shares, feasibility of division, accounting for contributions, and allocation of sale proceeds.

8. Court order and distribution.

   The court will order a partition in kind when it is practicable and fair. If not, it will order a sale (often through public auction or supervised sale) and then distribute the proceeds after paying costs, commissions, mortgages, liens, and any court-ordered credits (for improvements, taxes paid, or contributions). The court determines each owner’s share based on legal title and any equitable adjustments.

Key things Vermont courts will consider

• Whether the property can be divided without substantial prejudice to the owners.
• Each party’s legal ownership interest (titles, deeds, wills, or probate records).
• Existing mortgages, liens, and unpaid taxes that must be paid out of sale proceeds.
• Contributions by owners (payments for mortgage, taxes, improvements) that may justify credits.
• Whether a sale would better preserve value than dividing the land.

What outcomes can you expect?

Possible outcomes include:

• Partition in kind: property divided physically so each owner receives a portion.
• Partition by sale: property sold and proceeds distributed after costs and credits.
• Court-ordered buyout: one owner buys others out at a court-determined price.
• Settlement: parties reach terms for sale, buyout, or management without court ordering a sale.

Costs, timing, and practical considerations

Partition actions can take many months and sometimes over a year, depending on complexity, number of parties, and whether the property must be sold. Costs include filing fees, service fees, attorney fees, appraisal and survey costs, commissions if sold, and court-appointed expert fees. The party who files may face counterclaims or requests for accounting that add time and expense.

What documents and evidence to gather before filing

• Current deed and chain of title documents.
• Property tax records and mortgage statements.
• Any written agreements among owners (partnership agreements, buy-sell agreements, or wills).
• Receipts for improvements, repairs, and property expenses paid by any co-owner.
• Leases or rental agreements and records of rent collected or owed.
• Survey maps or plats if available.

When to hire a Vermont attorney

Consider hiring an attorney if the title is complex, owners are numerous or hard to find, liens exist, the property is commercial, or emotions are high. An attorney can prepare pleadings, manage service, argue for credits or offsets, handle appraisal and sale procedure, and protect your interests at trial. If cost is a concern, inquire about limited-scope representation or court self-help resources.

Useful Vermont resources and statutes

• Vermont Statutes and searchable code (start here to find statutes relevant to civil actions and property law): https://legislature.vermont.gov/statutes
• Vermont Judiciary — Self-Help and civil forms: https://www.vermontjudiciary.org/court-records/self-help
• Vermont Rules of Civil Procedure (procedures for filing and serving civil complaints): Vermont Rules of Civil Procedure (PDF)
• Vermont Judiciary — Forms Library (for civil filings and local rules): https://www.vermontjudiciary.org/forms

For specific statute text about partition and related remedies, search the Vermont Statutes site above for terms like “partition,” “partition action,” “receivers,” or the civil procedure sections that govern real property actions.

Helpful hints

• Open communication early: A clear, written buy-out offer can lead to a quick settlement.
• Get an appraisal: A neutral appraisal helps set realistic buyout figures or sale expectations.
• Preserve value: Keep the property maintained to avoid claims for waste or reduction in value.
• Document payments: Keep records of any money you pay for mortgages, taxes, or improvements.
• Consider mediation: Courts often support mediation to avoid the cost of trial and sale.
• Talk to the county clerk or court self-help center for local filing procedures and fees before you file.