Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Rhode Island law, a partition action lets co-owners divide or sell real property when they cannot agree. R.I. Gen. Laws ch. 34-7 governs the process. You can initiate a partition or, if all parties agree, consent and streamline the procedure.
- Prepare and File the Petition. Draft a petition that identifies the property, lists all co-owners by name and interest, and states whether you seek physical division or sale. Reference R.I. Gen. Laws § 34-7-3. File it in Superior Court and pay the required fee.
- Consent or Service of Process. If all co-owners agree, attach written consents signed by each party. The court may waive formal service. If any co-owner objects, serve a summons and the petition on them under § 34-7-5 and the Rhode Island Rules of Civil Procedure.
- Appointment of Commissioner. After filing, the court appoints a commissioner to oversee the case. The commissioner must take an oath and post a bond before acting, per § 34-7-4.
- Proceedings Before the Commissioner. The commissioner inspects the property, holds hearings if needed, and evaluates whether partition in kind or sale best serves co-owners’ interests. They then file a report recommending the outcome in accordance with § 34-7-6.
- Objections and Final Decree. Co-owners have a set time to object to the commissioner’s report. If no valid objections arise, the court issues a final decree confirming the report. That decree divides the property or orders its sale and directs distribution of proceeds.
Helpful Hints
- Review all ownership documents (deeds, wills) before filing.
- Communicate early with co-owners to seek agreement and avoid contested actions.
- Check Superior Court’s fee schedule and bond requirements.
- Obtain a professional survey to clarify boundary lines for in-kind partitions.
- Consider consulting an attorney if parties dispute property value or fairness.