How to Force a Partition Sale in Rhode Island
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 […]
Read article →Defending a Partition Action in Rhode Island: When a Co-Tenant Seeks Sale of an Inherited Home
Defending a Partition Action in Rhode Island: What to Do When a Co-Tenant Seeks Sale of an Inherited Home Short answer: In Rhode Island, a co-tenant can generally file a partition action to force sale of jointly owned real estate. You can defend by timely answering the complaint, challenging title or standing, asserting any agreement […]
Read article →Rhode Island: Can a Co-Tenant Refinance or Take a Home Equity Loan on an Inherited Property Without Your Approval?
Can a co-owner encumber an inherited Rhode Island property without your consent? What you need to know Short answer: A co-tenant may attempt to borrow against only their share, but they generally cannot validly bind your undivided ownership interest without your signature. The loan may still cloud title or lead to a forced sale. Act […]
Read article →Rhode Island: Remedies When a Co-Owner Sells Property Without Consent
Can a co-owner sell Rhode Island property without the other owner's agreement? What remedies are available? Short answer: Under Rhode Island law, whether a co-owner can sell property without another co-owner’s consent depends on the type of co-ownership and any private agreement between owners. If a co-owner improperly sells or transfers title, the non-selling co-owner […]
Read article →Rhode Island: Filing a Partition Action or Petition to Sell Inherited Real Estate When Some Heirs Are Minors
Short answer If co‑owners inherit real estate in Rhode Island and they cannot divide the property by agreement, a partition action or a petition for sale may be filed in court to force division or sale. When one or more heirs are minors, the court will require special steps to protect the minor(s): appointment of […]
Read article →Rhode Island: Forcing Sale or Division of Jointly Owned Family Land — FAQ
How to compel sale or division of jointly owned family land in Rhode Island Detailed Answer If multiple family members (siblings, nieces/nephews, etc.) co-own a parcel in Rhode Island and they cannot agree about use or disposition, any co-owner may ask a court to divide or sell the land. In Rhode Island this remedy is […]
Read article →Filing a Partition Lawsuit in Rhode Island: Process, Steps, and Checklist
Detailed Answer Short overview: When co-owners of real property in Rhode Island cannot agree how to divide or use the property, any co-owner may ask the court to force a partition. The court can order a physical division (partition in kind) or sell the property and divide the proceeds (partition by sale). Partition actions are […]
Read article →Filing a Partition Action in Rhode Island to Force Sale of an Inherited Land Interest
Detailed Answer Short answer: In Rhode Island, you can start a partition action in the Superior Court for the county where the land is located. A partition action asks the court either to divide the property among co-owners (partition in kind) or, if division is impractical, to sell the property and divide the proceeds (partition […]
Read article →Rhode Island: Appointing a Commissioner for a Private Sale in a Partition Action
When a Rhode Island court will appoint someone to handle a private sale in a partition case Detailed Answer In Rhode Island, a court that is resolving a partition action has broad equitable power to divide property between co-owners. If division in kind (physically dividing the property) is impracticable or unfair, the court can order […]
Read article →Rhode Island: Negotiating a Co‑Owner Buyout Instead of a Partition
Resolving Co‑Ownership Disputes in Rhode Island: How a Buyout Works vs. Court Partition This FAQ-style guide explains when a negotiated buyout of a co‑owner’s share is possible in Rhode Island, what steps to take, and when a court partition might still be necessary. This is educational information only and not legal advice. Detailed Answer — […]
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