How to force the sale of one inherited parcel when a co-owner refuses to list it

Quick answer: If you and the family member own the parcel as tenants in common (or the property is otherwise held by multiple owners), you can ask a Rhode Island court to partition the land. The court will try to divide the property physically (partition in kind). If that is impractical, the court can order a sale and distribute proceeds according to each owner’s share. Before filing, you should check title, attempt negotiation or mediation, consider a buyout, and consult a Rhode Island attorney experienced in partition and probate matters.

Detailed answer — what the law allows and the usual steps

1. Who owns the property and how it matters

The first step is to confirm how title is held. The two common possibilities for inherited property are:

Joint tenancy with right of survivorship: When one owner dies, ownership automatically passes to the surviving joint tenant(s). If the property is now owned solely by one person as a result, there may be no co-owner to force into a sale.
Tenancy in common: Each co-owner has an undivided share that can be sold or partitioned separately. If the inherited parcel is owned in common, any co-owner can generally pursue a partition action in court to divide or sell the property.

If the property is still titled in the decedent’s name and is part of an open probate estate, the personal representative (executor or administrator) may have limited authority to sell only if the will or probate court allows it. Contact the probate court or review the estate paperwork before taking steps to force a sale.

2. Partition actions under Rhode Island law

Rhode Island law provides a statutory route for partition of real property owned by multiple parties. A partition action asks the court to divide the property physically (partition in kind) or, if division is not feasible or fair, to order a sale and divide the proceeds. For the statutory framework, see the Rhode Island partition statutes: R.I. Gen. Laws, Chapter 34-7 (Partition of Lands).

Key points about partition cases in Rhode Island:

The action is typically filed in the Rhode Island Superior Court where the property is located. See the Rhode Island Superior Court for filing procedures: Rhode Island Superior Court.
The court will attempt a partition in kind whenever possible. If the court finds a physical division impractical or inequitable, it may order a sale and split proceeds according to ownership shares.
The court-supervised sale could be a public auction or a private sale under court direction. The judge controls timing, sale method, and distribution of net proceeds after paying mortgages, liens, taxes, and court-ordered fees.

3. When the property is part of a probate estate

If the parcel is still owned by the decedent’s estate, the personal representative must follow probate rules to sell real estate. You can find general probate court information for Rhode Island here: Rhode Island Probate Court. If the personal representative refuses to sell or fails to act, interested heirs or beneficiaries may petition the probate court for instructions or to remove the personal representative in extreme circumstances.

4. Practical steps you should take

Confirm title: Obtain a copy of the deed and run a title search to see how the property is held and whether mortgages, liens, or other encumbrances exist.
Review probate status: Determine whether the property is in a closed estate, been transferred, or remains in probate. Get the death certificate and probate papers if relevant.
Try negotiation first: Send a written, polite demand asking the co-owner to list, sell, or allow a buyout. Propose mediation. Courts often favor resolving disputess without litigation.
Obtain an appraisal: A recent appraisal gives you a realistic value and helps if you offer a buyout or need evidence in court.
Consider a buyout: Offer to purchase the co-owner’s share for fair market value or arrange financing. A buyout can be faster and cheaper than litigation.
If negotiation fails, file a partition action: An attorney files the complaint, serves the co-owners, and requests either division or sale. Expect court costs, attorney fees, and months of process.
Account for mortgages and taxes: Outstanding loans or tax liens must be paid from sale proceeds or handled by agreement before distribution.

5. What to expect from court: timeline, costs, and outcomes

Partition cases vary widely. Simple uncontested matters may resolve quickly. Contested cases can take many months to more than a year. Costs include filing fees, attorney fees, appraisal fees, and costs of sale. If the court orders a sale, net proceeds are divided according to ownership shares after paying liens and expenses. If one co-owner paid more for upkeep, mortgage, or taxes, the court may adjust distributions based on equitable principles.

6. Evidence and paperwork to gather before you act

Deeds showing how title is held
Death certificate and probate documents (if applicable)
Mortgage and lien statements
Property tax bills and payment history
Insurance records and expense receipts
Appraisal or comparative market data

7. When to hire an attorney

Partition actions and probate issues involve technical procedure and court filings. If you face a refusal to cooperate, if title is unclear, or if large debts encumber the parcel, consult a Rhode Island attorney experienced in partition and probate matters. An attorney can evaluate your case, explain likely costs versus benefits, and represent you in court or mediation.

Helpful Hints

Check title early. If the property passed by right of survivorship, you may already own it alone.
Document every communication. A written record helps prove attempts to resolve the issue before suing.
Start with mediation. Courts and judges generally view genuine settlement efforts favorably.
Get an independent appraisal before making offers or going to court.
Consider the tax and mortgage consequences of a sale or buyout before agreeing to anything.
If costs of partition exceed the expected share proceeds, consider alternative solutions (buyout, family agreement, or letting the property remain jointly owned with a formal agreement on use and expenses).
Contact the local Rhode Island Superior Court clerk’s office for procedural questions about filing a partition complaint: Rhode Island Superior Court.

Disclaimer: This article explains general principles of Rhode Island law and common practice. It is educational only and not legal advice. You should consult a licensed Rhode Island attorney to get advice about your specific situation.