Detailed Answer
When multiple owners share real estate in Rhode Island, a partition action lets one owner force a physical division or sale. Rhode Island treats these cases under R.I. Gen. Laws § 34-7-1. You file a complaint in Superior Court naming all co-owners as defendants. The complaint describes the property, its location, and each owner’s share.
1. File the Partition Complaint
You start by filing in Rhode Island Superior Court. The complaint must:
- Identify the property and county
- Name all co-owners
- State each party’s ownership share
- Request partition in kind (physical division) or partition by sale
This step follows the requirements in R.I. Gen. Laws § 34-7-1.
2. Serve the Defendants
The court clerk issues a summons. You serve it on each co-owner under Rhode Island Rules of Civil Procedure. Each owner then has 20 days to respond.
3. Appointing Commissioners
If no party holds the entire property, the court appoints neutral commissioners to examine the parcel and propose a division. See R.I. Gen. Laws § 34-7-2.
4. Report and Objections
The commissioners submit their report, detailing in-kind divisions or recommending sale. The court sets a deadline for owners to file objections.
5. Court Decree
If in-kind division yields equal-value parcels, the court issues deeds to each owner. If division in kind proves impractical, the court orders a public sale and distributes net proceeds among owners per R.I. Gen. Laws § 34-7-9.
6. Completing the Partition
After sale and payment of liens, the commissioner files a final report. The court then issues a final decree distributing proceeds to each owner.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance on your situation.
Helpful Hints
- Gather all deeds, surveys, and title insurance
- Consult a real estate attorney early
- Consider mediation before filing suit
- Verify property boundaries with a licensed surveyor
- Check for liens, mortgages, and unpaid taxes
- Understand court filing fees and costs
- Track deadlines for responses and objections