What is a partition action?

A partition action is a lawsuit asking the court to divide real property among co-owners or to sell the property and divide the proceeds. Courts prefer division in kind (physically dividing land) when practical. When division is impractical—typical with a single-family house—the court orders a sale and splits the net proceeds among the owners after paying liens and costs.

Who can file a partition action in Rhode Island?

Any person who owns an interest in real property may file a partition action. Common situations include:

• An heir who received an ownership interest through probate or intestacy.
• A co-owner who purchased property with others and wants an end to shared ownership.
• An heir who inherited property held as tenants in common. (If the property was held as joint tenants with right of survivorship, the survivor(s) likely own the whole property and partition may not be available.)

Basic Rhode Island law that applies

Partition actions are rooted in state real property law and equity practice. For statutory guidance on partition and related real property rules, consult the Rhode Island General Laws. (Example resource: Rhode Island General Assembly statutes on property law.) See: Rhode Island General Laws (statutes) for applicable chapters and sections.

Note: Partition is an equitable remedy decided by the Superior Court; local rules and established procedures also apply.

Step-by-step: How to file a partition action in Rhode Island

1. Confirm ownership and title status.

   Gather the deed, the probate order (if your father’s estate was probated), the will (if any), and any documentation showing how title passed. Determine whether title is held as joint tenancy or tenancy in common. If title passed through probate to multiple heirs, those heirs are likely tenants in common and can be co-plaintiffs/defendants in a partition action.

2. Check for mortgages, liens, and other interests.

   Obtain a title search or look up recorded mortgages and liens at the county land records office. All mortgage holders and lienholders must be named or made parties or their interests must be addressed in the action.

3. Try negotiation and alternative dispute resolution first.

   Before suing, offer to buy out co-owners or use mediation. Courts often look favorably on parties who try to resolve the dispute without litigation. A buyout or voluntary sale avoids court fees and delays.

4. Prepare and file the partition complaint in Superior Court.

   Draft a Complaint for Partition that: (a) identifies the property; (b) lists all owners and interested parties (including mortgagees); (c) states each party’s claimed interest; and (d) requests partition (in kind or by sale) and appointment of necessary commissioners or a master. File the complaint in the county where the property is located. Pay the filing fee and ask the clerk for next steps regarding service.

5. Serve all defendants and interested parties.

   Rhode Island law requires service on all owners and any lienholders. Proper service gives the court personal jurisdiction so it can decide the parties’ rights. If any defendant is unknown or cannot be found, the court may allow substitute service or notice by publication.

6. Pretrial procedures: discovery and motions.

   After service, parties exchange information about ownership, contributions, and liens. Either side can file motions—e.g., to dismiss, to quiet title, or for temporary relief (to protect the property or prevent waste).

7. Court evaluation and possible appointment of commissioners.

   If the court orders partition by sale, it will usually appoint a court officer or referee (sometimes called commissioners) to handle the sale. The court determines costs, allocable credits (for payments toward mortgage, taxes, improvements), and distribution of proceeds among owners.

8. Sale, closing, and distribution.

   The property is sold—often at auction or by private sale under court supervision. After paying mortgage(s), statutory costs, attorneys’ fees (if awarded), and sale costs, the net proceeds are distributed according to each owner’s legal share.

What documents and evidence you should gather

• Recorded deed(s) and chain of title
• Probate court documents showing estate administration or intestacy
• Mortgage, lien, tax, and judgment records affecting the property
• Receipts or records for contributions (mortgage payments, taxes, insurance, repairs) you or others made
• Communications showing attempts at negotiation or offers to buy out co-owners

Timing, costs, and likely timeline

Partition suits can take many months to over a year depending on complexity, number of parties, title defects, and whether the matter settles. Expect court filing fees, service costs, title search fees, possible appraisal costs, and attorneys’ fees if you hire counsel. If the court awards attorneys’ fees or costs, those are paid from the sale proceeds or as otherwise ordered by the court.

Practical issues heirs often overlook

• If the property is still in the decedent’s name, probate may need to be completed before clean title can be established.
• Tax consequences: sale of the property can trigger capital gains issues. Consult a tax advisor before sale.
• Homestead or family protections: check whether any Rhode Island statutes or recorded homestead notices limit forced sale for certain surviving family members.
• Mortgages survive transfer: a mortgage must usually be paid or otherwise handled at sale.
• Utilities, insurance, and property maintenance costs continue while the case is pending—get the court to allocate responsibility if co-owners disagree.

When to hire an attorney

Consider hiring a Rhode Island lawyer if:

• Multiple heirs or claimants exist and title is disputed.
• There are significant liens, mortgages, or tax judgments on the property.
• You face uncooperative co-owners or complex distribution claims (contributions, improvements, unequal shares).
• You want the strongest possible protection of your financial interest and clarity about procedure and timelines.

If you decide to hire counsel, use the Rhode Island Bar Association referral resources or local lawyer directories to find an attorney with experience in real property and probate-related litigation.

Helpful hints

• Get a title search early. Knowing liens and encumbrances shapes strategy.
• Collect documentation of any payments you’ve made toward mortgage, taxes, or repairs—these can affect distribution.
• Keep records of settlement offers. Courts appreciate good-faith settlement attempts.
• Consider a partition-by-private-sale motion if the market is strong; it may reduce costs versus auction sale procedures.
• Maintain the property’s condition to avoid claims of waste; seek court orders for maintenance allocation if needed.
• Ask the clerk of the Superior Court in the county where the property is located for local filing requirements and forms.