Detailed answer: What happens after mediation fails and you file a partition action in Vermont?

If mediation does not resolve a dispute over jointly owned land, a co-owner can ask a court to force a division or sale of the property by bringing a partition action. In Vermont, partition disputes are handled in the Superior Court (Civil Division). The court can order a physical division of the land (partition in kind) or a sale with proceeds divided among the owners.

How a Vermont partition action generally works

Filing the lawsuit. A co-owner files a complaint for partition in the Vermont Superior Court (Civil Division). The complaint identifies the property, the parties with interests, and the relief requested (division in kind or sale).
Service and response. The other owners and any lienholders must be served. They may file an answer or raise defenses (for example, claims of exclusive ownership or equitable adjustments).
Preliminary temporary orders. The court may enter temporary orders to preserve the property and its value — for example, orders about access, repairs, insurance, or rental income collection. If there is risk of waste or removal of assets, the court can issue injunctive relief.
Valuation and feasibility of partition in kind. The court will consider whether a partition in kind (physically dividing the land) is practical and fair. If a division would be impractical, inequitable, or significantly reduce value, the court will more likely order sale.
Appraisals and fact-finding. The court may order appraisals, surveys, or appoint a commissioner or referee to investigate title, value, and the best method of division or sale.
Commissioner or sale process. If the court orders a sale, it commonly appoints a commissioner or auctioneer to market and sell the property (often at public auction or by court-approved sale). The commissioner reports sale results to the court for approval.
Paying prior encumbrances and costs. Proceeds from a court-ordered sale are used to pay liens, mortgages, taxes, sale costs, and any court-ordered expenses before dividing the remaining balance among co-owners according to their interests.
Distribution of proceeds. After deductions, the court orders distribution of net proceeds to the parties in proportion to their legal interests unless the court determines an equitable adjustment is appropriate.

Who pays fees and costs?

Costs include court filing fees, process service, appraisal and commissioner fees, sale costs, and attorney fees. The court can allocate these costs between the parties. In some circumstances, the court may award attorney fees if one party acted unreasonably, but routine attorney fees often remain each party’s responsibility unless a statute or contract says otherwise.

Possible outcomes

Partition in kind: the land is physically divided when feasible and equitable.
Partition by sale: the property is sold and proceeds divided.
Buyout: one owner may be allowed (or ordered) to buy out the other owners at a court-determined price before sale.
Dismissal or settlement: parties can still settle at any time, including via renewed mediation or negotiated buyout.

How long it takes

Timelines vary. Simple cases may resolve in several months; contested cases with multiple parties, complex title issues, or appeals can take a year or more. Appraisals, discovery, and scheduling drive much of the timeline.

Relevant Vermont resources and statutes

– Vermont Superior Court (Civil Division): https://www.vermontjudiciary.org/courts/superior-court
– Vermont Legislature statutes (searchable): https://legislature.vermont.gov/statutes/
– Vermont Judiciary rules and court procedures: https://www.vermontjudiciary.org/resources/rules-and-policies

Note: partition is a remedy provided by court rules and state statutes; for specific statutory language and code sections that may apply to your facts, review the Vermont statutes and rules on the official legislature and judiciary websites above or ask an attorney to identify the exact provisions that apply to your case.

Helpful Hints

Collect title documents: deeds, mortgage statements, tax bills, and the chain of title.
Get a recent property survey and an independent appraisal before filing — that helps set realistic expectations.
Document use and income: rental agreements, utility bills, maintenance receipts, and records showing who occupied the property.
Preserve evidence: keep emails, texts, and written offers about the property. These can help prove claims or show attempts to settle.
Consider a buyout offer: an early, reasonable buyout offer can avoid court costs and a forced sale.
Maintain the property: avoid actions that could reduce value (removing fixtures, failing to insure, or allowing disrepair).
Be prepared for temporary orders: ask the court for protections (e.g., who pays taxes or mortgage during the case) if the other side may allow waste.
Talk to a local real estate attorney early: an attorney can explain Vermont-specific procedures, draft pleadings, and help evaluate settlement offers.

Disclaimer: This article explains general information about partition actions in Vermont and is not legal advice. It does not create an attorney–client relationship. For advice about your specific situation, consult a licensed Vermont attorney.