Detailed Answer

Disclaimer: This is general information and not legal advice. For guidance specific to your situation, consult a licensed Vermont attorney.

Overview — Forcing division or sale of jointly owned family land in Vermont

If you and multiple siblings (and their children) own a family parcel together and one or more co‑owners want the property divided or sold, Vermont law permits a court to force a partition. A partition action asks the Superior Court in the county where the land sits to divide the property “in kind” (physically) if reasonably possible, or to order a sale and divide the proceeds if a fair division is not practical.

Start by identifying how title is held (joint tenancy, tenancy in common, or other). Most multi‑owner family holdings are tenancy in common: each owner holds a fractional share that can be sold or partitioned. Joint tenancy has different rights on survivorship. If title is unclear, get a title search or speak to a lawyer or title company.

Key legal steps under Vermont procedure

Confirm ownership and shares. Collect deeds, wills, probate documents, and any written agreements among owners. Establish which individuals legally own the parcel and their exact shares.
Try negotiation and written demand. Vermont courts expect parties to try to resolve disputes before litigation. Send a clear written demand asking for partition, buyout, or sale and offer a deadline. Consider mediation; courts often favor settlement.
Consider buyout offers and valuations. A co‑owner may buy other shares at agreed price using an appraisal. Get at least one licensed appraisal and consider a survey if boundary division is needed.
File a partition action if negotiation fails. If you cannot reach agreement, file a partition action in the Vermont Superior Court in the county where the property is located. The court will notify all co‑owners (including heirs) and proceed under civil procedure rules.
Court determines the remedy. The court will examine whether the land can be fairly divided among co‑owners (partition in kind). If division would be impracticable or result in prejudice, the court may order a sale and distribution of proceeds. The court can appoint a commissioner (or master) to divide land or oversee a sale and handle accounting.
Accounting of liens and contributions. Mortgages, liens, tax obligations, and any valid encumbrances remain and are accounted for before distribution. The court can credit co‑owners for payments for mortgages, taxes, or improvements that benefitted the property.
Special procedures for minors and missing owners. If an owner is a minor or incapacitated person, the court will protect that person’s interest (e.g., appoint a guardian ad litem). If an owner cannot be located, Vermont law allows alternative service (publication) or other court‑approved methods so the action can proceed.

Things the court will weigh

Whether the property can be divided without great harm to value.
Relative ownership shares and contribution history (who paid taxes, mortgage, improvements).
Existing mortgages and liens that affect sale proceeds.
Practical issues like access, utilities, and parcel shape that affect a partition in kind.
Interests of minor owners and absent owners.

Practical considerations and likely outcomes

Partition litigation can be costly and time consuming. Courts prefer attempts at settlement and may encourage mediation. If the property is readily divisible by acreage and access, the court may order a partition in kind. If division would impair value (a single house lot, recreational parcel, or land with shared improvements), the court usually orders a sale and divides net proceeds according to ownership shares after paying liens, costs, and permitted credits.

Even after a court orders sale, a co‑owner often has the right to buy out others at an appraised amount before a public sale. If owners cannot be located, the court may direct that sale proceeds be held for the missing parties.

Where to find Vermont statutes and rules

Vermont statutes and court rules govern civil actions and property rights. For statutory text and local rules, consult the Vermont Legislature and Vermont Judiciary resources:

Vermont Statutes and searchable laws: https://legislature.vermont.gov/
Vermont Judiciary — court locations, rules, and filing information: https://www.vermontjudiciary.org/

These sites provide current statutes, procedural rules, and contact information you will need when filing in the Superior Court.

When to hire an attorney

Consider hiring a Vermont real estate or civil litigation attorney if:

Title ownership is disputed or unclear.
There are mortgages, tax liens, or complex encumbrances.
Some owners are minors or cannot be located.
The parcel has structures, irregular boundaries, or substantial sentimental/family value.
You want to negotiate a buyout, draft settlement agreements, or represent your interests in court.

An attorney can run a title search, prepare and file pleadings, propose equitable accounting for contributions, and represent you at hearings. If cost is a concern, ask about limited-scope representation or unbundled services (lawyer handles specific tasks only).

Common timeline and costs

Timelines vary. A negotiated buyout could close in weeks or months. A contested partition case often takes many months, sometimes over a year, depending on complexity, discovery, and court schedules. Costs include filing fees, attorney fees, appraisal and survey costs, commissioner or referee fees, and costs of sale. Weigh likely net proceeds against litigation expense before pursuing a forced sale.

Helpful Hints

Gather deeds, prior wills, probate records, tax bills, mortgage statements, and any written family agreements before you speak with counsel.
Get one or two independent appraisals early to set realistic buyout figures.
Order a current title report to confirm owners, liens, and easements.
Consider mediation or a neutral facilitator to preserve family relationships and reduce costs.
If you seek a buyout, put offers in writing and set a reasonable deadline.
If minors are co‑owners, alert an attorney early — the court will require protective steps.
Check whether conservation easements, right‑of‑way, or zoning restrict division before assuming an in‑kind partition is possible.
Be realistic about costs: a court‑ordered sale can produce less net money than a negotiated private sale.

To move forward, start with a title search and an appraisal, try a written demand and mediation, and consult a Vermont attorney experienced in partition and real estate litigation if negotiations fail.