FAQ: Forcing a sale of a co-owned Connecticut property after an owner dies

Short answer (overview): If you and others own real property in Connecticut as tenants in common and you cannot agree on what to do after your father’s death, you can ask the Connecticut Superior Court for a partition action. The court can order the property divided in kind when practical or sold and the proceeds divided among the owners after paying liens and costs. See Conn. Gen. Stat. § 52-495 et seq. for the statutory framework: Conn. Gen. Stat. § 52-495.

Detailed answer — step-by-step under Connecticut law

1. Confirm who actually owns the house

Start by checking the deed recorded at the town land records office where the house is located. Look for wording that shows whether the decedent held title as sole owner, joint tenants with right of survivorship, or tenants in common. If the deed names multiple owners without survivorship language, the default is usually tenants in common — that creates separate shares that are partitionable.

2. Determine whether the estate or probate process already changed title

If your father’s house passed through his probate estate (e.g., he died owning the house in his name alone and an executor or administrator was appointed), the appointed fiduciary may have authority to sell or transfer title. If the probate administration is open, contact the probate court or the estate representative. Probate rules are separate from partition rules; sometimes the estate will sell the house as part of administration, which can avoid a partition action.

3. Try to resolve the dispute before court

Connecticut courts expect owners to try voluntary settlement first. Options include:

• One co-owner buys out the others based on a property appraisal.
• Owners sign a buyout agreement or sale listing the house and splitting proceeds.
• Mediation to negotiate terms (often faster and cheaper than court).

4. If negotiation fails, file a partition action in Superior Court

Where to file: file in the Connecticut Superior Court in the judicial district where the property lies. A partition action is a civil lawsuit that asks the court to divide or sell real property so that each co-owner receives their fair share.

Typical contents of the complaint

• Identify the property and attach a copy of the recorded deed or a town land records reference.
• Name all persons with an interest in the property (co-owners, lienholders, mortgagees, judgment creditors with recorded liens).
• State each owner’s claimed share (if known) and allege that a partition is proper because co-owners cannot agree.
• Ask the court for partition in kind if practicable, or for partition by sale if in-kind division is not practicable.
• Pray for the costs of sale, fees, and an accounting so net proceeds can be distributed.

Statutory basis: partition procedures are governed by Conn. Gen. Stat. § 52-495 and related sections. For reference see: Conn. Gen. Stat. § 52-495 and the title for related sections: Conn. Gen. Stat. Title 52.

5. Service, joinder of parties, and necessary defendants

You must serve the complaint on every person who has a recorded interest in the property (co-owners and recorded lienholders). If anyone cannot be located, the court allows substituted service and may permit the clerk to publish notice. The court will not divide the property fairly unless it accounts for all interests.

6. Court procedures and possible outcomes

After joinder and any required pleadings, the court can:

• Order partition in kind — physically divide the land if it is practical and fair;
• Order sale by private contract or at public auction and appoint a commissioner/referee or a sale officer to handle the sale;
• Resolve disputes about liens, credits for improvements or mortgage obligations, and allocate sale proceeds after costs and liens.

The court usually appoints a commissioner or referee to handle the practical steps of sale or division, to collect bids, and to report back. Net sale proceeds are distributed according to each party’s legal interest after payment of liens, taxes, and sale costs.

7. Costs, timeline, and practical considerations

Partition actions can take months to more than a year depending on complexity, contested issues, and court schedules. Expect court filing fees, possible fees for a commissioner or referee, appraisal costs, and attorney fees (unless a statute or contract shifts fees). If multiple parties contest ownership or liens, expect higher costs and longer time.

When you may not need a partition action

• If the property passed automatically by survivorship (joint tenancy with right of survivorship), co-owners may already hold title free of the decedent’s interest.
• If an executor or administrator sells the property as part of the probate estate with court approval, that can resolve the issue without a partition suit by the heirs.
• If all owners agree to sell or buy each other out, a private sale or settlement is usually faster and cheaper.

Practical checklist before filing

1. Get a copy of the deed from the town land records.
2. Obtain a current title search or land records printout showing liens and encumbrances.
3. Locate any probate file for the decedent or contact the probate court in the decedent’s last residence.
4. Get a current market appraisal or broker price opinion to support a buyout or sale valuation.
5. Identify and try to talk with all co-owners and lienholders; document your efforts to settle.

Helpful case and statute references

Primary statutory source for partition actions in Connecticut: Conn. Gen. Stat. § 52-495 and related sections: https://www.cga.ct.gov/current/section/52-495.htm. For the broader civil code context see Title 52: https://www.cga.ct.gov/current/title_52.htm.

Helpful Hints

• Before filing, talk with the probate court if the decedent’s estate is open. The probate file may resolve ownership or give the estate power to sell.
• Collect and keep copies of the deed, mortgage, tax bills, insurance policy, and any written agreements about the property.
• Consider mediation or a neutral appraiser to produce a number everyone can accept — this often avoids costly litigation.
• Remember that a partition by sale usually produces lower proceeds than a voluntary sale because forced sales can attract lower bids and incur court and commissioner fees.
• If you are concerned about a mortgage or tax arrears, ask the court to account for those liens early in the case so a sale won’t produce surprises.
• If you cannot locate a co-owner, the court can allow service by publication; plan for added delay and expense for missing parties.
• Talk to an attorney about whether you should request an accounting for improvements or credits if you or another co-owner paid mortgage or made repairs.

Disclaimer: This article explains general Connecticut law and common steps for partition actions. It is not legal advice. For advice tailored to your situation, consult a Connecticut attorney who handles real property litigation or probate matters.