Frequently Asked Question: Splitting an Inherited Property When a Co‑Owner Won’t Cooperate
Not legal advice. This article explains general Connecticut procedures to help you decide whether to consult an attorney.
Short answer
If you inherit real property with one or more co‑owners who refuse to cooperate, you can ask the Connecticut Superior Court for a partition action. The court can order the property divided physically (partition in kind) if feasible, or sold and the proceeds divided (partition by sale). You will need to identify all owners and lienholders, file a complaint in the proper county Superior Court (the county where the property lies), serve all parties, and be prepared for appraisal, potential mediation, and a court hearing. Expect several months and legal fees; complex disputes can take longer.
Detailed answer — Step by step under Connecticut law
1) Confirm ownership and shares
Gather the deed(s), any will or probate files, and title information. Determine who holds legal title (named on the deed) and whether co‑owners hold the property as tenants in common, joint tenants, or some other form of ownership. Tenants in common, which is common for inherited property, can force partition. If ownership is unclear, obtain certified copies of probate records from the probate court that handled the estate.
2) Try to resolve the dispute first
Court action is often expensive. Try written settlement offers, mediation, or a buyout proposal. If you can show a serious attempt to settle, a court may view that favorably.
3) Where and how to file
File a complaint for partition in the Connecticut Superior Court in the judicial district where the property is located. The complaint should identify the property, list all persons with an interest (owners, mortgage holders, and other lienholders), allege your ownership interest, request partition (in kind or by sale), and ask the court to resolve liens, costs, and distribution of proceeds.
General Connecticut court information: Connecticut Judicial Branch. For state statutes and general references, see the Connecticut General Assembly: cga.ct.gov.
4) Service and lis pendens
After you file, you must serve the complaint and summons on every owner and on known lienholders. You can also record a notice of pending action (lis pendens) in the land records where the property is located to alert third parties that the title is subject to litigation.
5) Responding defenses and interim relief
Co‑owners may contest standing, ownership shares, or request a partition in kind instead of sale. If a co‑owner is damaging the property or trying to sell without your consent, you can ask the court for temporary relief (an injunction) to preserve the estate pending the partition.
6) Appraisal, referee or commissioner, and sale
If the court finds partition in kind impractical, it will order a sale. The court commonly appoints a commissioner or referee to value the property, handle the sale process, and report back to the court. The commissioner conducts appraisals, may advertise the property, and runs the sale under court supervision. After sale, the court directs payment of liens, costs, and distribution of the net proceeds among owners according to their shares.
7) Costs, liens, and priority
Outstanding mortgages and recorded liens are paid from sale proceeds before owner distributions. The court allocates the costs of partition (commissioner fees, appraisal, legal fees) among the parties — often according to ownership percentages, but the court may award costs differently if a party unreasonably refuses to cooperate.
8) Timeline and what to expect
Simple consensual partitions can conclude in a few months. Contested matters (title disputes, multiple lienholders, complex estate questions) can take a year or more. Expect hearings, discovery (document exchange), and possible settlement talks or mediation ordered by the court.
9) When to hire an attorney
Consider retaining an attorney if title is unclear, multiple lienholders exist, co‑owners are hostile, or large value is at stake. An attorney helps prepare the complaint, identify necessary parties, manage service and land‑record filings, handle negotiations, and present evidence at hearings.
Helpful hints
- Collect deeds, the decedent’s will or probate case number (if any), mortgage statements, and recent tax bills before you see an attorney.
- Record a lis pendens in the land records once you file to protect your interest against third‑party purchasers.
- List all possible defendants: every owner named on the title plus parties who hold recorded liens or mortgages.
- Keep good records of any attempts to settle in writing. Courts may consider unreasonable refusal to negotiate when assigning costs.
- Get one or more independent appraisals early to support your position about fair value and to speed court decisions.
- Be realistic about partition in kind — dividing a single-family house is often impractical; sale is more common.
- Expect the court to treat recorded mortgages and tax liens as priorities to be paid from sale proceeds.
- Consider mediation — Connecticut courts often encourage alternative dispute resolution to reduce cost and delay.