Detailed answer

This article explains the common legal remedies in Vermont when a person who inherited or otherwise co‑owns real property refuses to vacate or will not agree to sell their share. It assumes you are a co‑owner or another heir who wants possession or a clear resolution. This is general information only and not legal advice.

Who actually owns the property?

First, confirm title and the estate status. After someone dies, ownership can pass by deed, by a will, or by intestacy and probate. If an estate administration (probate) is open, the executor or administrator may have duties and limited powers to manage or sell estate property. If probate is complete, title will usually show the current owners (often as co‑owners or tenants in common).

Co‑ownership basics under Vermont law

When two or more people inherit the same parcel, they typically become co‑owners (often tenants in common). Each co‑owner has an undivided interest in the whole property and a right to use it, but no single co‑owner can force other co‑owners to leave without court involvement. If one co‑owner occupies the home and refuses to leave or to sell, the usual remedies are negotiation, buyout, or a court‑filed partition action.

Practical options

• Negotiate a buyout or agreement. Offer to buy the occupant’s share or propose a written agreement for sale, rental, or a timetable for moving out. Written offers, appraisals, and a mediator can keep costs down.
• Demand rent or compensation. If the occupant is a co‑owner but not entitled to exclusive possession, you can demand that they pay fair rent. A court can later order accounting for rental value and improvements.
• File a partition action in court. In Vermont, a co‑owner can ask the court to partition the property. The court may divide the land physically (partition in kind) if feasible, or order a sale with the proceeds divided among owners. Partition actions are commonly used when co‑owners cannot agree.
• Seek injunctive relief or ejectment (limited situations). If the occupant is a non‑owner trespasser or has rights that were terminated (for example a license or tenancy ended), you may seek an ejectment. Courts are less likely to eject a co‑owner simply because other owners want possession—partition is the usual remedy.

What the court can order in a partition

If you file a partition action in Vermont Superior Court (Civil Division), the court will examine whether the property can be practically divided. If a physical division is not possible or would be unfair, the court can order the property sold and distribute the sale proceeds according to each owner’s share. The court can also account for rents, profits, mortgage liens, taxes, and the value of any improvements before dividing proceeds.

Costs, timing, and practical considerations

• Partition actions take time and cost money (filing fees, attorney fees, appraisals, and a possible commissioner’s fees if the court orders a sale).
• The occupying co‑owner may raise defenses, request credit for improvements, or seek to have a particular outcome; this can lengthen the case.
• If there is a mortgage, lender consent or payoff will be required before sale proceeds clear title.
• Court-ordered sales usually involve a public sale or auction; proceeds are distributed after paying liens, costs, and taxes.

Role of an executor or administrator

If the property is still part of an open estate, the personal representative may have statutory authority to sell estate property under the will or statute. Check the estate paperwork; an executor with proper authority can sometimes sell estate property to settle debts or distribute proceeds without a partition. If the estate is closed and title is vested in heirs, partition is the common tool.

Immediate steps you can take

1. Confirm ownership: obtain the deed, probate records, and title information from the town clerk or land records office.
2. Document occupancy: keep records of who lives in the home, payments, improvements, repairs, and taxes.
3. Send a written demand: politely demand possession, offer a buyout, or request mediation. Keep copies of all communications.
4. Get an appraisal and estimate costs of selling or dividing the property.
5. Contact a Vermont real‑estate or probate attorney to discuss filing a partition action or other remedies appropriate to your facts.

For general information on Vermont courts and civil filings, see the Vermont Judiciary: https://www.vermontjudiciary.org/. For Vermont statutes, including laws that govern civil remedies and probate, see the Vermont Legislature’s statutes site: https://legislature.vermont.gov/statutes.

When to get a lawyer

If an heir won’t move and negotiations fail, contact a Vermont attorney experienced in real estate, probate, or civil litigation. A lawyer can file a partition action, prepare demand letters, handle communications, and advise about taxes, liens, and likely outcomes. Use the Vermont Bar Association for referrals: https://www.vtbar.org/.

Important: This is an overview only. Specific legal rights and procedures depend on the facts—who holds title, whether the estate is open, mortgages and liens, and any written agreements among heirs.

Disclaimer: This article is informational only and does not constitute legal advice. Consult a licensed Vermont attorney about your situation.

Helpful hints

• Confirm title at the town land records office before taking action.
• Keep written records of demands, offers, and expenses related to the property (taxes, repairs, utilities).
• Get a current appraisal to support buyouts or a partition valuation.
• Consider mediation or collaborative negotiation before filing court papers—court is often expensive and unpredictable.
• Check for outstanding mortgages, liens, and unpaid property taxes—these must be handled in any sale or partition.
• Remember that a co‑owner generally has the right to possess the property; a court ordered partition or sale is the usual path to force a resolution.
• Use Vermont resources: Vermont Judiciary (www.vermontjudiciary.org), Vermont Legislature statutes (legislature.vermont.gov/statutes), and the Vermont Bar Association (www.vtbar.org).