How can a co-owner obtain monetary compensation instead of receiving physical property? (RI)
How a Rhode Island co-owner can get money instead of keeping physical property Short answer: In Rhode Island a co-owner who wants money instead of a physical share can either negotiate a buyout with the other owners or, if negotiation fails, file a partition action in court asking for sale of the property and distribution […]
Read article →Can I negotiate with my siblings to try and avoid a partition action on inherited property in RI?
Detailed Answer If you and your siblings inherit real property in Rhode Island, each of you holds an undivided share. Without a voluntary agreement, any co-owner may force a court‐ordered partition. Under R.I. Gen. Laws § 34-7-1, a co-owner can petition to divide the land in kind or order a sale. See also R.I. Gen. […]
Read article →How to Coordinate Realtor Selection with a Co-Owner for a Joint Property Sale in RI
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. When two or more people co-own a property in Rhode Island and decide to sell, choosing a realtor requires coordination to protect each owner’s interests. While Rhode Island law doesn’t prescribe a specific process for selecting an agent, you […]
Read article →How to Calculate and Recover Carrying Costs from a Co-Owner in a Joint Sale Agreement in Rhode Island
Detailed Answer This section explains how to calculate your share of carrying costs and recover them from your co-owner in a joint sale agreement under Rhode Island law. 1. Understand Carrying Costs Carrying costs include mortgage payments, property taxes, insurance premiums, utilities, maintenance fees, and any other expenses required to hold the property. Each co-owner […]
Read article →What Options Exist for Selling or Transferring Real Property When an Heir Is a Minor Child and Cannot Consent in RI?
Detailed Answer In Rhode Island, a minor cannot legally convey real estate without court involvement. Any sale or transfer of property held by a minor requires judicial supervision. State law provides several pathways: a guardianship sale through Probate Court, a custodian arrangement under the Uniform Transfers to Minors Act (UTMA), a partition action, or appointment […]
Read article →What Steps Are Required to Initiate or Consent to a Partition Action Before a Court-Appointed Commissioner in RI?
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 […]
Read article →What Options Exist if Co-Owners Cannot Agree on a Buyout Price in Rhode Island?
Options When Co-Owners Disagree on Buyout Price in Rhode Island This article explains what steps co-owners can take if they cannot agree on a buyout price for shared property under Rhode Island law. It covers negotiation, appraisal, alternative dispute resolution, and court-ordered partition or sale. This is not legal advice; consult an attorney for guidance […]
Read article →What Process Allows a Party to Force Sale of Property Through a Partition Hearing in Rhode Island
Detailed Answer Under Rhode Island law, any co-owner of real property may force a sale through a partition action in Superior Court. The process begins when a co-owner files a petition for partition under R.I. Gen. Laws § 34-18-1 (34-18-1). The petition must name all other co-owners and describe the property. Once filed, the court […]
Read article →How Does a Partition Action Work to Resolve a Dispute Among Multiple Owners in Rhode Island?
Detailed Answer When multiple owners share real estate in Rhode Island, a partition action lets one owner force a physical division or sale. Rhode Island treats these cases under R.I. Gen. Laws § 34-7-1. You file a complaint in Superior Court naming all co-owners as defendants. The complaint describes the property, its location, and each […]
Read article →How Do Existing Mortgage Obligations Affect the Sale and Division of Proceeds in a Partition in Rhode Island (RI)?
Detailed Answer Under Rhode Island law, partition allows co-owners to divide real property when they cannot agree on its use or sale. Co-owners can ask the court to order a partition by sale. The court then sells the property and divides the proceeds. Mortgage obligations on the property remain in place after the court orders […]
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