Detailed Answer
Under Rhode Island law, you may file a partition action to divide real estate you and your spouse own if the property is held as joint tenants or tenants in common. Partition actions proceed in Superior Court and let cotenants force a physical division or a sale of the property and distribution of proceeds.
Statutory Basis for Partition Actions
R.I. Gen. Laws § 34-3-1 authorizes partition suits for cotenants. See § 34-3-1. You must attach a certified copy of your deed and a certificate of title search to your complaint.
Tenants by the Entirety vs. Tenants in Common or Joint Tenancy
Rhode Island recognizes tenants by the entirety for married couples. Property held by entirety cannot be partitioned by one spouse alone. Only a divorce or a written agreement converts it into tenants in common. If you instead hold title as tenants in common or joint tenants, either cotenant can start a partition suit at any time. See § 34-3-2.
Partition vs. Divorce Property Division
Although you can file a standalone partition action before divorce, once you file for divorce, Family Court gains exclusive authority over marital assets under equitable distribution. See R.I. Gen. Laws § 15-5-16. A separate partition action may complicate your divorce property settlement.
Helpful Hints
- Review your deed to confirm how you hold title.
- Compare partition costs versus dividing assets through divorce.
- Consider mediation or a marital settlement agreement to avoid dual lawsuits.
- Follow Superior Court rules for service, filing fees, and timelines.
- Consult a family law attorney before filing any action.
Disclaimer: This article does not provide legal advice. It offers general information about Rhode Island law and may not reflect recent changes. Consult a qualified attorney for advice tailored to your situation.