Short answer

Yes. In Rhode Island, a co-owner of real property (usually a tenant in common) can ask a court to compel a sale when co-owners cannot agree. The court will consider whether the property can be fairly divided (partition in kind). If division in kind is impractical or inequitable, the court can order a sale and divide the proceeds among the owners. See R.I. Gen. Laws § 34-7-1 et seq. for the statutory framework: R.I. Gen. Laws, Title 34, Chapter 7.

Detailed answer — how it works in Rhode Island

This section explains the typical legal steps and practical considerations. It assumes the reader starts with no legal knowledge.

1. Who can start a partition case?

Any person who owns an undivided interest in real property (commonly called a tenant in common) may file a partition action in Rhode Island Superior Court. A co-owner who holds title with others and wants their share liquidated may bring the petition.

2. Partition in kind vs. partition by sale

The court prefers partition in kind, which means physically dividing the land or property so each owner receives a distinct portion. When dividing the property fairly is not practical (for example, a single-family house on one lot), the court may order a sale instead. The sale proceeds are then distributed among co-owners according to their ownership shares, after paying liens, mortgages, costs, and any adjustments for improvements or waste.

3. What the court considers

The judge weighs practical factors: whether the property can be physically divided without undue injury to value; the character and location of the property; the number and interests of owners; existing mortgages or liens; and any equities among parties (e.g., contributions to mortgage payments or improvements). The court may appoint commissioners, referees, or other officers to evaluate or execute partition steps, including sale.

4. The procedural steps

1. File a partition complaint in the Superior Court for the county where the property lies.
2. Serve all co-owners and any lienholders (mortgage companies, judgment creditors).
3. The court may order an appraisal and try to divide the property. If unacceptable, the court can order sale (usually by public auction or court-directed sale).
4. Proceeds pay mortgages, liens, costs, and the remaining balance is split according to ownership shares, with possible credits/debits for payments or improvements.

5. Joint tenants and right of survivorship

If owners hold property as joint tenants (with right of survivorship), that estate differs because a co-owner’s interest automatically passes to the other joint tenants upon death. However, a joint tenant can generally still seek partition to end the co-ownership and force a sale or division.

6. What about mortgages, liens, and third-party interests?

Mortgages and liens remain on the property and must be satisfied from sale proceeds before distribution. The partition case must name known lienholders so they can protect their interests. If a mortgage is outstanding, the sale proceeds will first pay that mortgage (unless the co-owners agree otherwise).

7. Practical outcomes and timing

Partition actions can take months to over a year, depending on complexity, contested issues, and scheduling. Costs include court fees, attorney fees, appraisal and sale costs, and possible commission for the sale agent or clerk. Courts can sometimes allocate costs between parties, but you should expect some expense.

8. Alternatives to a court-ordered sale

Consider negotiation first. Common alternatives include: one co-owner buying out the others (using an appraisal and agreed buyout formula), selling by agreement and splitting proceeds, or using mediation or family settlement to avoid litigation and reduce costs.

For a starting point on the statute governing partition in Rhode Island, see: R.I. Gen. Laws, Title 34, Chapter 7 (Partition).

Helpful hints

• Get a clear copy of the deed and title report. Confirm how the owners hold title (tenants in common vs joint tenants).
• Obtain a recent appraisal or broker price opinion before filing. This helps evaluate buyout offers.
• Try mediation first. Courts often prefer parties attempt settlement before ordering a sale.
• If you seek a buyout, base the price on an independent appraisal and account for mortgages, taxes, and costs.
• Check for liens and unpaid taxes — they will affect distributions and may prevent a clean sale.
• Understand tax consequences. A sale or buyout can have capital gains implications; consult a tax advisor.
• Expect costs. Litigation, appraisals, and sale expenses reduce net proceeds. Factor these into any settlement negotiations.
• Keep records of contributions (mortgage payments, repairs, improvements). The court may credit or charge accounts based on equitable contributions.
• Talk to an attorney experienced in Rhode Island real estate and partition law to review strategy and filing requirements for your county’s Superior Court.