Detailed Answer

When you and another person(s) own real property together and you want the court to divide or sell it, your attorney will need clear, complete documentation to begin a partition action under Connecticut law. Courts handle partition actions under the Connecticut statutes governing civil actions for partition (see Conn. Gen. Stat. §§ 52-495 et seq.; Connecticut General Assembly: https://www.cga.ct.gov/current/).

Collect documents and information in these categories before meeting your lawyer. Organize them chronologically and make at least one copy of each item for the attorney and one for the court file.

1. Proof of Ownership and Title Documents

• Recorded deed(s) showing how current ownership was created (warranty deed, quitclaim deed, executor’s deed, etc.).
• Title insurance policy and the title insurance commitment or any title search reports.
• Chain of title documentation, including prior deeds or transfers that explain how each co-owner obtained an interest.
• Tax assessor’s parcel number, legal description, and municipal property records.

2. Mortgages, Liens, and Financial Encumbrances

• Mortgage statements and promissory notes on the property.
• Recorded liens, judgments, mechanic’s liens, or other encumbrances.
• Payoff statements from lenders (if available) and information on ongoing payments or defaults.

3. Occupancy, Use, and Income Documents

• Lease agreements, rent rolls, security deposit records, and tenant contact information (if property is rented).
• Utility bills, insurance policies, and maintenance receipts demonstrating who has paid for what and when.
• Records of rental income and expenses (tax returns, Schedule E, bookkeeping records).

4. Surveys, Maps, and Physical Evidence

• Recent surveys, plot plans, or boundary maps.
• Photographs of the property and any improvements, boundaries, fences, or disputes over usage.
• Appraisals or market value estimates (if available).

5. Documents Showing Relationships & Legal Status of Owners

• Contact information for all co-owners (addresses, phone numbers, email). Provide current mailing addresses—these are critical for service and notice.
• Identification of each owner’s legal capacity: if an owner is deceased, provide death certificate and probate documents; if an owner is an entity, provide articles of organization/incorporation, operating agreement, shareholder lists, or certificates of authority.
• Powers of attorney, guardianship orders, or trustee appointment documents where applicable.

6. Agreements, Contracts, and Correspondence

• Any written co-ownership agreements, buy-sell agreements, partition agreements, or prior settlement agreements between the owners.
• Copies of correspondence between co-owners about the property (emails, letters, texts) showing requests to sell or divide, offers, refusals, or conduct that may be relevant.
• Records of attempted resolution: mediation summaries, demand letters, or notices you sent/received.

7. Court, Administrative, or Tax Records

• Any prior court filings, lis pendens, or pending lawsuits involving the property.
• Property tax bills, tax payment receipts, and evidence of unpaid taxes.
• Building permits, zoning correspondence, code enforcement notices, or municipal lien records.

8. Evidence of Contributions and Improvements

• Receipts, cancelled checks, contracts, and invoices for repairs, improvements, or expenses paid on behalf of the property.
• Documentation proving who paid mortgage, taxes, insurance, and utilities and when.

9. Practical Information Your Lawyer Will Ask For

• What outcome you want: division in kind, sale, buyout, or other resolution.
• Information about co-owners’ positions and whether any co-owner is likely to oppose a sale or division.
• Whether you (or other owners) are occupying the property, living elsewhere, or allowing tenants to occupy.

How Your Attorney Uses These Documents

Your lawyer will use these materials to: (1) confirm who must be named as parties in the partition complaint; (2) evaluate title, liens, and encumbrances affecting proceeds; (3) decide whether partition in kind is feasible or if a judicial sale is likely; (4) estimate costs (appraisal, survey, commission fees, court costs); and (5) prepare pleadings and notices required by Connecticut practice and statutory law (see Conn. Gen. Stat. §§ 52-495 et seq.).

Timing and Practical Steps

1. Gather the documents listed above and sort them by category.
2. Request a preliminary title search if you do not have recent records—this speeds the process.
3. Ask your lawyer to explain likely costs: filing fees, process server fees, commissioner or master’s fees, appraisal and survey charges, and attorney fees.
4. Expect the opposing owners to be served and given time to respond; partition cases often include discovery, motion practice, and possibly a sale by the court if division in kind is impractical.

Note on Statutes: Partition actions in Connecticut follow the statutory framework in the Connecticut General Statutes governing civil actions for partition. For statutory text and details, consult the Connecticut General Assembly website: https://www.cga.ct.gov/current/. Your lawyer will reference the specific statutory sections that apply to your case.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Connecticut attorney.

Helpful Hints

• Bring originals when possible. Originals help your attorney verify signatures, notarizations, and dates.
• Make a short timeline of key events (acquisition dates, payments made, offers, disputes). Timelines clarify disputed facts quickly.
• If a co-owner is deceased, bring probate case numbers or counsel contact info for the estate’s attorney or executor.
• Get a recent property survey or arrange to have one done if boundaries are contested.
• Consider an early title search and pre-filing payoffs for mortgages to understand net proceeds if sale is likely.
• If the property generates rental income, collect at least two years of rent rolls and expense records to show income and distribution.
• Do not unilaterally remove fixtures or sell parts of the property while the partition is pending; such actions can create disputes and sanctions.
• Communicate with co-owners in writing and keep copies. Evidence of reasonable attempts to resolve the dispute can help in court or settlement talks.
• Ask your lawyer about alternatives to partition, such as negotiated buyouts, mediation, or an agreed sale—these often save time and cost.
• Expect the process to take months. Partition cases often involve discovery, appraisals, and a potential court-ordered sale or in-kind division.