What to do when you need to sell a co-owned Connecticut property to pay for funeral and property tax expenses
Disclaimer: This is general information and not legal advice. For advice specific to your situation, consult a Connecticut attorney or your local probate court.
Short answer — the overall path
If co-owners agree, you can sell by mutual deed and use the proceeds to pay funeral and property taxes after satisfying liens. If co-owners do not agree, a co-owner (or an estate representative for a deceased owner) can ask the Connecticut Superior Court for a partition by sale. If the property owner died, the estate or probate process may affect who can act and which claims get paid first. Municipal property tax liens generally must be satisfied from sale proceeds.
Key Connecticut law references
- Partition actions (civil procedure): Connecticut statutes governing partition of real property (see Title 52 — Civil Procedure): https://www.cga.ct.gov/current/title_52.htm
- Probate matters and estate administration: Connecticut statutes affecting probate courts and administration of estates (see Title 45a — Probate Courts): https://www.cga.ct.gov/current/title_45a.htm
- Property tax authority and liens (tax law): Connecticut statutes on taxation and municipal tax collection (see Title 12 — Taxation): https://www.cga.ct.gov/current/title_12.htm
Step-by-step guidance (assume no prior legal knowledge)
1. Find out exactly who owns the property and how
Look at the deed in the town land records or the property abstract. You need to know the ownership form: joint tenancy with right of survivorship, tenancy in common, or ownership by an estate/trust. Ownership form determines whether a deceased owner’s interest passes automatically to the survivor or becomes part of the deceased’s probate estate.
2. Check for mortgages, tax liens, and other encumbrances
Contact the town tax collector/assessor and review records at the town clerk’s office or the land records to find unpaid property taxes, municipal liens, or mortgages. Property-tax liens are typically senior and must be satisfied when the property is sold.
3. If the owner died: open probate or use small-estate options
If the decedent left no survivorship interest, their share may be part of the probate estate. The executor or administrator can ask the probate court for authority to sell estate assets if necessary to pay debts such as funeral costs and taxes. Connecticut probate procedures are governed by the statutes linked above and by the local probate court rules.
4. Try to reach agreement with the co-owners
The fastest and least costly route: agree in writing to sell. Get a purchase contract, sign deeds, obtain payoff letters for mortgages and tax liens, pay funeral bills from estate funds or from the seller’s share, and distribute net proceeds. Use a title company or attorney to coordinate payoffs and closings.
5. If co-owners cannot agree — file a partition action
Any co-owner may file a partition action in Connecticut Superior Court (see Title 52). The court can order a physical division (partition in kind) or, more commonly for houses, a sale with proceeds divided among owners in proportion to their ownership shares. The court will ensure liens and charges (including municipal tax liens and mortgages) are addressed out of the sale proceeds before distributing the remainder.
6. Addressing funeral expenses
Funeral homes generally have a creditor claim against the decedent’s estate. If the property is part of the probate estate, funeral bills are paid through estate administration. If the property is co-owned and not part of probate, funeral expenses may be collectible only from the decedent’s estate interest. Discuss with the probate court or an attorney how funeral claims should be presented and prioritized.
7. Practical considerations for a sale or partition
- Get a title search and payoff statements for mortgages and taxes.
- Obtain an appraisal or comparative market analysis so co-owners accept a fair sale price or division.
- If selling by agreement, use a title company or attorney to handle closing and lien payoffs.
- If filing partition, expect court costs, possible auction sale, and a longer timeline than a voluntary sale.
Hypothetical example
Imagine you and your sibling own a house in Connecticut as tenants in common. Your parent (who is not on title) recently died and left funeral bills unpaid. If the deceased was a co-owner who left no survivorship interest, their share goes to their estate. The estate representative should open probate, and either: (a) sell the estate’s share with co-owner consent; (b) work out a buyout; or (c) if co-owners cannot agree, the living co-owner or estate can ask the Superior Court for a partition and sale. Before closing, the town will require payment of any delinquent property taxes from the sale proceeds.
When to get professional help
Consider an attorney when:
- One or more co-owners refuse to cooperate.
- There are complicated liens, mortgages, or potential creditor claims against an estate.
- You need to open probate or need help with probate procedures.
- You want to avoid costly mistakes at closing or in a court partition.
Helpful Hints
- Start by pulling the deed and a preliminary title report from the town land records.
- Contact the town tax collector early — unpaid property taxes can lead to municipal liens and interest accrual.
- If the property owner died, call the local probate court clerk for intake information and the documents you need to open an estate.
- Get written agreements from co-owners. Verbal understandings often lead to disputes that end in court.
- Ask the funeral home to file a claim with the probate court if the decedent had an estate; that formalizes the funeral bill as a creditor claim.
- Document all offers, payoffs, and distributions in writing and keep copies of closing statements and court orders.
- If speed matters, a negotiated sale among co-owners is usually faster and cheaper than court partition.