Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific circumstances.
Detailed Answer
What Is a Partition Action?
A partition action allows co-owners of real property to divide or sell the property when they cannot agree on its use or ownership shares. Vermont law governs partition actions under Chapter 175 of Title 12, specifically 12 V.S.A. § 4801 through § 4813.
Who Can Initiate a Partition Action?
Any person holding an ownership interest in Vermont real estate—whether by deed, will or inheritance—may file for partition. Co-owners include tenants in common and joint tenants. Minors and incapacitated individuals may act through a guardian or next friend.
Steps to Initiate a Partition Action
- Prepare and File a Complaint: Draft a verified complaint in the Vermont Superior Court, Civil Division, in the county where the property lies. Cite 12 V.S.A. § 4808 for procedural requirements.
- Serve All Co-Owners: Serve each co-owner with a summons and the complaint under the Vermont Rules of Civil Procedure, Rule 4. Proper service ensures the court has jurisdiction.
- Request Appointment of a Commissioner: In the complaint or by separate motion, ask the court to appoint one or three disinterested commissioners. Under 12 V.S.A. § 4806, the court names and swears in the commissioner(s).
- Commissioner’s Inspection and Report: The appointed commissioner takes an oath, views the property and prepares a written report proposing either a physical partition (12 V.S.A. § 4802) or a sale (12 V.S.A. § 4803).
- Court Review and Final Decree: Parties may object to the report. After resolving objections, the court issues a final decree confirming division or sale. If sale is ordered, the court directs distribution of proceeds by interest share.
How to Consent to Partition Before a Commissioner
- Draft a Written Consent or Joint Petition: All co-owners sign a document agreeing to partition and requesting a commissioner’s appointment.
- File Consent in Court: File the joint petition or consent under 12 V.S.A. § 4807. The court will enter an order appointing a commissioner as agreed.
- Proceed with Commissioner’s Actions: The commissioner follows the same oath, inspection and reporting process. With unanimous consent, the court typically confirms the commissioner’s report without contested hearings.
- Finalize Deed or Distribution: Upon court confirmation, the commissioner or clerk executes deeds or distributes sale proceeds based on the agreed partition plan.
Helpful Hints
- Review your deed and title report to confirm all co-owners before filing.
- Consider mediation to narrow disputes and reduce court time.
- Keep clear records of filing dates, service returns and commissioner reports.
- Understand the tax and cost implications of physical division versus sale.
- Consult a local real estate attorney to ensure compliance with Vermont procedure.