Can I force a partition sale of a home I co-own in Rhode Island?

Short answer: Yes. In Rhode Island, a co-owner can ask the Superior Court to partition real estate when co-owners cannot agree. The court can divide the property (partition in kind) or order a sale and divide the sale proceeds among the owners. The process requires filing a partition action in the Superior Court and following court procedures.

Detailed Answer — How partition actions work in Rhode Island

1. Who can file a partition action?

Any person who holds legal title or an ownership interest in Rhode Island real estate can file a partition action. That includes joint tenants, tenants in common, heirs, or those who inherit property from a decedent’s estate when title vests jointly.

2. Where do you file?

Partition actions are filed in the Rhode Island Superior Court in the county where the property is located. See the Superior Court pages for filing information and local rules: Rhode Island Superior Court.

3. Basic steps in a partition action

Prepare and file a complaint for partition naming all record owners and anyone with a recorded interest (mortgagees, lienholders, etc.).
Serve the complaint on all parties. Absent parties may be joined by service by publication if required.
The court will determine ownership shares and whether a physical division is feasible.
If division in kind (splitting the land into physically separate parcels) is practicable and fair, the court can order it.
If a division in kind is not feasible or would be unfair or impractical, the court typically orders a sale and directs how sale proceeds should be distributed after paying liens and costs.
The court may appoint a commissioner or master to oversee the partition, valuation, sale, and distribution of proceeds.

4. Partition in kind vs. partition by sale

Partition in kind means dividing the real property into separate parcels that correspond to each owner’s share. Courts prefer partition in kind when it is equitable and practical. If you ask for partition in kind, be prepared to show that division is possible without substantially reducing value or impairing use.

Partition by sale happens when the court finds that dividing the property fairly is impractical. The court orders a public or private sale, credits liens and expenses, and divides net proceeds according to each owner’s share.

5. What the court considers

Each co-owner’s legal share (title language, deeds).
Whether an actual physical division is feasible without material loss of value.
Existing mortgages, liens, and other encumbrances; these remain attached to the property until paid from sale proceeds.
Improvements, contributions to taxes, maintenance, and repairs — the court may account for these when allocating proceeds.
Practical considerations such as access, zoning, and whether separate parcels would be marketable.

6. Common outcomes

The typical results are: (a) you obtain a physical division; (b) the court orders a sale and divides proceeds; or (c) one owner buys out the other(s) at an assessed value. The court may appoint a commissioner to sell and distribute proceeds under court supervision.

7. Timeline and costs

Partition actions take months to more than a year depending on service issues, valuation disputes, and whether a sale is required. Costs include filing fees, attorney fees, appraisal and commission fees, advertising for sale, and court costs. The court can order that costs come from sale proceeds. If litigation is complex, costs can rise substantially.

8. Title issues, mortgages, and liens

Mortgages and liens remain attached to the property: a partition sale typically pays off secured liens from the sale proceeds before owners receive their shares. Make sure you identify and disclose all encumbrances so the court and buyers know the title condition.

9. Practical alternatives to litigation

Negotiate a buyout where one owner pays the other for their share.
List the property for sale by agreement and split net proceeds (avoids court costs).
Mediation to resolve disputes about value, contributions, or who stays in the home until sale.

10. Where to find Rhode Island law and court rules

Rhode Island statutes and the rules that govern civil actions and real property are available from the state legislature and the courts. For statutory research and to find the exact statutory language that applies to property and partition, start at the Rhode Island General Laws and the Superior Court resources:

Helpful Hints

Collect documents before you file: deed(s), death certificate, probate papers (if the property came from a decedent), mortgage statements, property tax bills, insurance records, and any written agreements with your co-owner.
Get a title search early. Identify mortgages, liens, and other claims that will affect sale proceeds.
Obtain a professional appraisal to establish current fair market value; this helps with buyouts and with court valuations.
Consider mediation before filing. Courts often encourage settlement; mediation can be much faster and cheaper than litigation.
If one owner lives in the property, understand the practical costs: occupancy, utilities, taxes, insurance, and maintenance — courts may credit these amounts when dividing proceeds.
Talk to a local real estate attorney experienced in partition cases. They can explain Rhode Island procedure, file the complaint correctly, and represent you in court.
Expect some delay. Partition frequently requires appraisals, possibly a court-appointed commissioner, and a supervised sale if ordered.
Be mindful of tax consequences. A sale or buyout can have capital gains implications; consult a tax advisor.

Next practical steps

Decide whether you prefer a buyout, negotiated sale, or court-ordered partition.
Gather title and estate documents and get an appraisal.
Contact a Rhode Island real estate attorney to review your title, explain likely outcomes, and prepare or respond to a partition complaint.

Disclaimer: This article explains general Rhode Island law and common practice concerning partition actions. It is for informational purposes only and is not legal advice. Laws change and every situation differs. Consult a licensed Rhode Island attorney to get advice tailored to your facts.