Detailed Answer

Short answer: If you and other heirs co-own inherited real estate in Rhode Island and you cannot agree to sell or divide it, you can ask a court to force a sale by filing a partition action in Rhode Island Superior Court. The court can order a division in kind (physical division) or a sale (public auction or, in some cases, a private sale with court approval) and divide the proceeds among the owners after paying liens, expenses, and any adjustments for unequal contributions.

How partition works in Rhode Island

Rhode Island law allows a co-owner of real property to bring a partition action to divide the property. See the partition chapter of the Rhode Island General Laws for statute text and procedures: R.I. Gen. Laws, Title 34, Chapter 34-7 (Partition). The statutory starting point is the provision that describes how to bring a partition action and what relief a court may grant: R.I. Gen. Laws § 34-7-1.

Common scenarios and the likely court outcome

If the land can be fairly and practically divided into separate parcels, the court may order a partition in kind, giving each co-owner a physically divided portion.
If physical division would be impracticable or would substantially reduce value (for example, a single family home on one lot), the court is likely to order a sale and divide the proceeds among the co-owners.
The sale can be by public auction or, where permitted and where the court finds it appropriate, by private sale under court supervision and confirmation. Courts typically approve private sales only if they are shown to be in the best interest of the co-owners and if adequate notice and sale procedures protect all parties.

Typical step-by-step process to force a sale

Collect documents: deeds, wills, death certificates, probate records, mortgage statements, tax bills, and any agreements among the heirs.
Attempt negotiation or mediation. Courts often expect parties to try to resolve disputes without litigation.
File a partition complaint in Rhode Island Superior Court asking for partition in kind or partition by sale. You must name all co-owners and any lienholders as parties.
The court issues a summons and serves all parties. The judge may order appraisals, surveys, or other evidence about the property’s value and divisibility.
If the property cannot be divided equitably, the court may appoint a commissioner or referee to sell the property and report back to the court on the sale and distribution of proceeds.
The court confirms the sale, pays secured liens, taxes, and sale costs, then divides the net proceeds to the co-owners according to their ownership shares after any adjustments for contribution, waste, or improvements.

What you should bring to court

Provide clear evidence of ownership (deed showing how title vests), any probate documents showing how the decedent’s share passed, a recent appraisal or market analysis, records of mortgage or lien amounts, records of tax and maintenance payments, and any written offers or attempts to sell. The court uses these materials to set value and allocate proceeds.

Practical options before filing suit (often less costly)

Agree to a private sale: if all heirs sign a sale agreement, you can sell on the open market and split proceeds without court involvement.
Buyout: one co-owner can buy the shares of others based on an agreed valuation or appraisal.
Refinance or mortgage the property to pay out other heirs.
Mediation or neutral appraisal to determine fair market value and division formula.

Costs, timing, and likely outcomes

Partition actions take months and can take a year or longer depending on contested issues, appraisals, and scheduling. Costs include court filing fees, service fees, appraisal and survey costs, legal fees, and commissioner or sale costs. The court may order the losing or non-prevailing party to pay some costs in narrow circumstances, but each party typically is responsible for their attorney fees unless the court orders otherwise.

Other legal considerations

Title issues: liens and mortgages are paid from sale proceeds in priority order. Purchase any necessary title searches before sale.
Tax consequences: sale proceeds distributed to heirs may have income or capital gains tax consequences. Consult a tax advisor.
Ownership form: if title was joint tenancy with right of survivorship, the decedent’s interest may not pass to heirs the same way as tenants in common; check the deed and probate records.

Where to find Rhode Island court rules and local forms

Rhode Island Superior Court handles partition actions. For court addresses, filing requirements, and local procedures, see the Rhode Island Judiciary: courts.ri.gov. For the controlling statutory framework on partition actions, see the partition chapter of the Rhode Island General Laws: R.I. Gen. Laws, Chapter 34-7.

When to speak with an attorney

Consider talking with a Rhode Island real estate or probate attorney if any of the following apply: co-owners refuse to cooperate; there are title disputes or unknown heirs; liens or mortgages complicate the distribution; potential for unequal contributions or improvements that require accounting; or you want help negotiating a buyout or private sale. An attorney can explain local court practice, prepare the partition complaint, and help protect your financial interest.

Disclaimer

This article is informational only and does not create an attorney-client relationship. It is not legal advice. For advice about your specific situation, consult a licensed attorney in Rhode Island.

Helpful Hints

Get an appraisal early. A reliable market value estimate helps start realistic negotiations and provides evidence in court.
Gather documentation: deed, probate files, tax bills, mortgage statements, insurance records, and any repair invoices.
Try mediation before filing suit. Courts and parties often prefer negotiated resolutions and mediation can save time and money.
Ask co-owners for a written buyout offer. A voluntary buyout often avoids court and yields a better net result for everyone.
Consider the cost-benefit of litigation. If the estate share is small, litigation costs may exceed your expected payout.
Keep property taxes and insurance paid while the dispute is pending to avoid liens that reduce net sale proceeds.
Check whether title is joint tenancy or tenancy in common—rights and remedies differ depending on the form of ownership.
If you move forward with a partition sale, be prepared for the court to require public notice and to supervise the sale process to protect all parties.