How partition actions work under Rhode Island law

Short answer: If multiple people own real estate together and one owner wants a sale or to force a buyout, you can ask the Rhode Island Superior Court to partition the property. The court will either divide the land (partition in kind) if practicable, or order a sale and divide the proceeds. The process starts by filing a complaint for partition in the Superior Court where the property is located. See R.I. Gen. Laws, Chapter 34-7 (Partition) for the statutes that govern this process: https://webserver.rilin.state.ri.us/Statutes/TITLE34/34-7/INDEX.HTM.

Detailed answer — step-by-step guide

This section explains the typical steps, what the court can order, and practical options you can pursue. This is educational information and not legal advice.

1. Confirm how title is held

Start by getting a copy of the deed or the probate documents if the property was inherited. Owners commonly hold title as tenants in common or joint tenants. Tenants in common each hold a separate fractional share that can be partitioned. Joint tenancy may have right-of-survivorship consequences. If your parents’ estate passed title to multiple heirs, you will most likely be a tenant in common — that makes a partition action available.

2. Try negotiation or mediation before filing

Court action costs time and money. Ask the co-owner(s) if they will (a) buy your share for an agreed price, (b) let you sell and split proceeds, or (c) agree to a timed sale. If negotiations stall, consider neutral mediation. Rhode Island Superior Court supports alternative dispute resolution; check the court’s ADR resources at the Rhode Island Judiciary website: https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx.

3. Prepare and file a complaint for partition

If you cannot reach agreement, you (or your attorney) file a complaint for partition in Superior Court in the county where the property sits. The complaint should identify the property, allege your ownership interest, name all co-owners and other parties with an interest, and request relief (partition in kind or partition by sale). You will pay a filing fee. The court will require service of the complaint on all defendants.

4. Court procedures after filing

• Service and response: Defendants get served and may answer or file counterclaims.
• Interim orders: The court can appoint a receiver if the property generates rent, to collect rents and pay necessary expenses.
• Discovery and appraisal: Parties often exchange documents and may get appraisals or a valuation used later for a sale or buyout.
• Hearing: The court decides whether a partition in kind is practical. If the property can’t be equitably divided (for example, a single house on one lot), the court commonly orders a sale.

5. Partition in kind vs. partition by sale

The court prefers to divide real property in kind when practical. If physical division would be impractical or would significantly reduce value, the court will order partition by sale and appoint a commissioner or referee to sell the property at public auction or private sale under court supervision. The statutory scheme for partition actions in Rhode Island is in Chapter 34-7 of the General Laws: R.I. Gen. Laws Chapter 34-7 (Partition).

6. Buyout possibilities

There is no automatic statutory procedure that forces a co-owner to buy your share at your set price. Common buyout paths are:

• Agreement: Negotiate a buyout based on an appraisal or market value and document the sale.
• Court-ordered sale and bid: If the court orders a sale, any co-owner may bid at the sale and thereby acquire the property. A successful bid becomes the purchase price that funds distribution.
• Settlement before sale: Offer to let the co-owner purchase your interest at an appraised value; if they refuse, proceed with a partition action.

7. Distribution of proceeds and adjustments

After sale, the commissioner or court will pay costs (sales costs, commissions, taxes, and a share of mortgage or liens) and distribute net proceeds according to ownership shares. The court may also adjust distributions for improvements, contributions to mortgage payments, or waste by a co-owner. Expect accounting claims — who paid what while the property was kept — to affect the final division.

8. Timing and costs

A partition action can take many months and sometimes more than a year if contested. Costs include filing fees, attorney fees, appraisal fees, commissioner fees, sale costs, and possible receiver costs. If you and the co-owner settle, you can save significant time and money.

Practical example (hypothetical)

Two siblings inherit a family home as tenants in common. Sibling A wants cash and asks Sibling B to buy their 50% interest. Sibling B declines. Sibling A files a complaint for partition in the Superior Court where the house is located. The court determines a physical split is not practicable and orders sale. A court-appointed commissioner sells the house at auction. The net proceeds, after costs and lien payoffs, are split according to ownership, adjusted for any agreed or proven contributions or expenses.

Helpful hints

• Confirm title early. Pull the deed and any probate orders to know who to name as parties.
• Get a current appraisal before filing so you can make informed settlement offers.
• Document any payments you made for mortgage, taxes, or major repairs — the court may credit those amounts.
• Consider an offer to buy or a structured buyout (installments, refinancing) to avoid court costs.
• Ask about mediation before litigating. Mediation can settle price and terms faster and cheaper.
• Be realistic about timeline and expenses. A court sale may reduce net proceeds after fees and commissions.
• Check the Superior Court filing rules and fee schedule for the county where the property sits: https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx.

When to talk to an attorney

Speak with a Rhode Island attorney if title questions are complex, siblings dispute finances or improvements, or you need representation in court. An attorney can prepare the complaint, handle service, present accounting claims, and manage sale procedures. If funds are limited, ask about fee arrangements or legal aid options.

Disclaimer: This is general information about Rhode Island law and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed attorney in Rhode Island.