Detailed Answer
Under Vermont law, any co-owner of real estate may seek a court-ordered partition when relatives cannot agree on using, dividing, or selling the property. The process follows the Vermont statutes on partition of real estate (12 V.S.A. §8071).
Step 1: Identify All Co-Owners and Interests
Gather each owners legal name, current address, and percentage interest in the property. Accurate identification ensures proper service and notice.
Step 2: Gather Property Documents
Obtain the deed, title abstract or report, and the precise legal description. Include a recent survey if available to clarify boundaries.
Step 3: Draft the Complaint for Partition
Prepare a complaint that includes:
- A clear legal description of the land
- Each partys ownership share
- A statement that partition is sought under 12 V.S.A. §8071
- A prayer for relief asking the court to order division in kind or a sale
- A request to appoint a commissioner if physical division is impractical
Step 4: File the Complaint and Pay Fees
File your complaint in the Vermont Superior Courts Civil Division for the county where the property lies. Refer to the courts fee schedule for current filing costs.
Step 5: Serve Summons and Complaint
Serve each co-owner under Vermont Rule of Civil Procedure 4. Proper service starts the clock on their response period.
Step 6: Responses and Potential Mediation
Co-owners must answer within 21 days. The court may order mediation under Vermont Rule of Civil Procedure 16.2 to resolve disputes without a full trial.
Step 7: Court-Ordered Partition or Sale
If the court finds that dividing the land in kind is impossible or unfair, it will appoint a commissioner to sell the property. The commissioners duties appear in 12 V.S.A. §8074. After sale, the commissioner distributes net proceeds pro rata to the owners.
Step 8: Final Judgment
Once the division or sale concludes, the court issues a final judgment. This order implements the transfer of title or disbursement of sale proceeds and closes the case.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney in Vermont to address your specific circumstances.
Helpful Hints
- Review the full chain of title to uncover any hidden interests.
- Discuss a voluntary buy-out with co-owners before filing.
- Obtain an updated land survey to prevent boundary disputes.
- Budget for court fees, commissioner fees, and appraisal costs.
- Consider mediation early to reduce legal expenses and time.