Detailed Answer: Filing a Partition-for-Sale in Rhode Island
Short answer: If one or more co-owners (for example, siblings who inherited land) refuse to agree to sell, a co-owner can ask a Rhode Island court to compel a partition-for-sale. In Rhode Island that usually means filing a civil action in Superior Court asking the court to order either a physical division of the property (partition in kind) or, if a fair division is not practical, a sale of the property with net proceeds distributed to the owners according to their ownership shares.
Which law governs?
Partition and other property remedies fall under Rhode Island property law. For statutory materials and text, see the Rhode Island General Laws, Title 34 (Property): https://www.rilegislature.gov/Statutes/TITLE34/. For court procedures and filing, use the Rhode Island Judiciary (Superior Court) resources: https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx.
Who may file?
Any person who holds legal title or an interest in the real property (a co-owner) can petition the court for partition. That includes owners who hold title as tenants in common (common for inherited interests). The suit must name all persons with an interest in the property so the court can resolve everyone’s rights and distribute proceeds.
Typical steps to file a partition-for-sale action
- Confirm ownership and shares. Gather deeds, the decedent’s estate or probate paperwork, and any documents that show each co-owner’s interest (e.g., deed that split title or probate distribution).
- Attempt negotiation first. Send a formal written demand proposing sale or buyout. Courts expect plaintiffs to have tried to resolve the dispute, though you can still file if negotiations fail.
- Prepare the complaint. The complaint (or petition) should identify the property, describe each owner’s interest, state why partition is proper, and request the court to order partition in kind or, if impracticable, a sale and distribution. Attach copies of deeds and relevant probate records.
- File in the correct court. In Rhode Island partition actions are normally filed in Superior Court. Use the local Superior Court clerk’s office for the county where the land sits. See the Superior Court page: https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx.
- Serve all parties. Proper service of process on all co-owners and interested parties (creditors with recorded liens, mortgagees, life tenants, etc.) is required under Rhode Island court rules so the court can acquire jurisdiction.
- Request interim relief if needed. If the property is being damaged, vacant and at risk of vandalism, or if rents or other income must be collected and accounted for, ask the court for temporary measures such as appointment of a receiver, injunctions, or orders preserving the property.
- Court process and inquiry. The court may order a commissioner or master to survey, value, and propose means of partition. Where division in kind is not feasible or would be unfair, the court typically orders sale and directs a procedure (public auction or private sale under court supervision).
- Sale and accounting. After sale, the court or appointed official pays liens, expenses (advertising, broker fees, legal and court costs), and distributes the net proceeds according to ownership percentages.
Practical issues the court will consider
- Whether physical division (partition in kind) is feasible without harming market value or substantially altering the property.
- Existing mortgages, liens, tax arrears, or easements that affect marketability.
- If a co-owner has made improvements or paid mortgage/taxes, the court may require accounting and equitable adjustments before distribution.
- Whether any co-owner has a life estate, tenancy-by-the-entirety interest, or other special interest that changes distribution rights.
Alternatives to court-ordered sale
- Buyout: One or more co-owners buy the dissenting co-owner’s share at an agreed price or a court-ordered valuation.
- Mediation: Use a mediator to reach a sale agreement or buyout terms outside court.
- Partition by allotment: If the tract can be fairly divided into physically separate parcels, the court may order partition in kind instead of sale.
Costs, timing, and likely outcomes
Partition actions can take months to more than a year depending on complexity (title issues, multiple parties, need for valuation, pending liens). Court costs, attorney fees, and expenses of sale are usually paid from sale proceeds or allocated by the court. If you are a majority co-owner, you have stronger leverage; minority owners can still block a voluntary sale but not a court-ordered partition-for-sale.
Where to file and find forms
Start at the Rhode Island Judiciary Superior Court pages for information on filing civil complaints and locating the clerk’s office for the county where the property is located: https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx. For statutory background, review Title 34 of the Rhode Island General Laws: https://www.rilegislature.gov/Statutes/TITLE34/.
When to consult a lawyer
Consult an attorney if any of these exist: multiple unknown heirs or missing owners, mortgages or tax liens, boundary disputes, or the property generates rental income. A Rhode Island real property attorney can prepare the complaint, handle service, advise on injunctions or receivers, and represent you at hearings and at sale.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. It is not a substitute for advice from a qualified attorney licensed in Rhode Island who can evaluate the specific facts of your case.
Helpful Hints
- Gather deeds, the decedent’s will/probate file, recent property tax bills, mortgage statements, and any communications among co-owners before filing.
- Try a written buyout offer or mediation first — courts expect parties to try to resolve disputes when reasonable.
- Name all possible interested parties in your complaint, including mortgagees and lienholders, to avoid later delays.
- If the property produces rent, request a court accounting and appointment of a receiver to collect rents while the case proceeds.
- Expect the court to prioritize fairness — if your proposed division materially reduces value, the court will likely order sale instead.
- Keep records of any payments you make for repairs, taxes, or mortgage payments; you may be entitled to contribution or credit at settlement.
- Contact the county Superior Court clerk where the property lies for filing fees and local procedures.