Detailed Answer
Under Connecticut law (Conn. Gen. Stat. § 52-500 et seq.), a partition action lets co-owners divide or sell property. Once all parties have been served and the 20-day response period has expired, you must ask the court to set a hearing. Follow these steps:
- Verify Service and Response Period:
Confirm proof of service and that no defendant filed an appearance or answer within 20 days after service (Conn. Gen. Stat. § 52-50).
- Obtain Default if Necessary:
If a party fails to respond, file a motion for default judgment under Practice Book § 17-19. Attach an affidavit of service and proposed default judgment order.
- Prepare a Hearing Assignment Request:
Complete a Hearing Assignment Request (e.g., JD-CV-41). Include case name, docket number and a brief statement of the relief sought (partition ruling or sale order).
- Submit to the Court Clerk:
File the request, your motion or default order, and pay the assignment fee. Fees vary by Judicial District. Consult your local clerk or Judicial Branch fee schedule.
- Receive Notice of Hearing:
The clerk will assign a judge and mail notice of the hearing date and time to all parties. Keep a certified mail return receipt or e-file confirmation as proof of service.
- Prepare for the Hearing:
Draft proposed orders or a partition plan. Gather deeds, surveys, appraisals and title documents. Review Conn. Gen. Stat. § 52-500 (§ 52-500) for statutory partition requirements.
- Attend the Hearing:
Arrive early with multiple copies of your filings. Be prepared to explain the proposed division or sale process. The judge may grant the partition, appoint commissioners, or set a future sale date.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Always file proof of service after delivering documents to defendants.
- Use e-filing where available to speed up submission and tracking.
- Check local Judicial District websites for specific assignment procedures.
- Keep copies of all motions, orders and mailing receipts in one file.
- Consider informal mediation if co-owners may agree on a sale or division before the hearing.