How to start a partition action in Vermont to force sale or seek a buyout of a co-owner’s share

Disclaimer: This is general information only and not legal advice. Laws change and every case turns on facts. Consult a Vermont attorney before filing court papers.

Detailed answer — what a partition action is and when you can use it

A partition action is a court lawsuit that co-owners of real property can use to divide ownership when they cannot agree how to use, keep, or sell the property. In Vermont, co-owners (including tenants in common or joint tenants) may ask the Superior Court to either divide the land physically (partition in kind) or order a sale and divide the proceeds (partition by sale) if a fair physical division isn’t practical.

Vermont law that governs property and conveyances is found in Title 27 of the Vermont Statutes. For general reference to statutes about property matters, see: Title 27 — Property and Conveyances. For court procedures and where to file, see the Vermont Judiciary pages: Vermont Superior Court and Vermont Judiciary.

Who may file

Any person who holds an ownership interest in the property may file a partition action. That includes co-owners who inherited a house from parents or who hold title together for any reason. You must name all co-owners and any lienholders who have a recorded interest.

Typical relief the court can order

• Partition in kind: the court divides the parcel into distinct portions and awards each co-owner a portion.
• Partition by sale: if a practical and fair division is not possible, the court can order a public sale and distribute the net proceeds according to each owner’s share.
• Appointment of a commissioner or master to make the division, oversee the sale, or handle valuation and distribution.
• Accounting for rents, expenses, taxes, and mortgage payments, so the sale proceeds reflect credits and debits before distribution.
• Sometimes the court will permit one co-owner to buy out the others by paying fair value rather than selling the property.

Step-by-step process to file a partition action in Vermont

1. Collect documents and confirm ownership. Get the deed, title information, any mortgage or lien documents, tax records, and any probate or estate documents if the property passed through an estate. Know how each person holds title (e.g., tenants in common).
2. Decide the relief you want. Determine whether you want the court to force a sale or to order a buyout. The complaint should clearly ask for partition (division) and, alternatively, partition by sale if division is impracticable.
3. Prepare the complaint. File the complaint for partition in the Vermont Superior Court in the county where the property is located. The complaint must identify the property, describe each claimant’s interest, name all parties with potential claims (co-owners, lienholders, mortgagees), and state the relief requested (partition in kind or partition by sale; appointment of a commissioner; accounting; costs and attorneys’ fees if applicable).
4. Serve all parties and any lienholders. After filing, serve the complaint and summons on every co-owner and any recorded lienholders according to Vermont court rules. Proper service is required to give the court jurisdiction over all interested parties.
5. Initial court steps and possible hearings. The court will set a schedule. Expect early procedural steps: appearances, motions to dismiss (if any), and scheduling for valuation or mediation. The court may order an appraisal, inspection, or appoint a referee/commissioner to recommend division or sale procedures.
6. Valuation and accounting. The court or the appointed official will determine fair market value, outstanding liens, taxes, and credits for any payments by co-owners (mortgage payments, improvements, rent). Those amounts are deducted before splitting the net proceeds.
7. Partition in kind vs. sale. If the property can be fairly divided without making anyone’s portion useless, the court may divide the land. More commonly with a single-family home on one lot, the court will order sale by public auction or realtor listing and split the net proceeds.
8. Buyout option. If a co-owner wants to keep the property, the court may permit (or the parties may agree to) a buyout. Typically, the buying co-owner pays the fair market value of the seller’s share (often after accounting for liens). If parties agree to a buyout, they can present the agreement to the court for approval and avoid public sale.
9. Sale and distribution. If the court orders a sale, it will supervise or authorize the sale method, pay off liens from the proceeds, pay sale costs and taxes, and distribute the remainder proportionally to each owner’s share.
10. Final judgment. The court will issue a final judgment or decree of partition documenting the division or sale and the distribution of funds. That judgment is recorded to clear title.

Timing and costs

Partition actions can take months to more than a year depending on complexity, disputes, appraisals, and sales. Court costs, appraisals, auction or realtor fees, and attorney fees can reduce the net recovery. If you want a quick solution, consider negotiating a buyout or mediated settlement before filing.

Practical considerations and common issues

• If the property is subject to a mortgage, the mortgage remains a lien and usually must be paid from sale proceeds or assumed by the buyer.
• If the house is occupied (for example, by your parents), the court may address occupancy, eviction, or compensation for use while the case proceeds.
• Heirs and beneficiaries: if the parents’ estate is still open in probate, coordinate with the probate process and name the estate or estate fiduciary if necessary.
• Tax consequences: selling or being bought out may have capital gains or other tax consequences. Consult a tax professional.
• Costs of holding the property (insurance, taxes, maintenance) often get allocated between co-owners; keep records to support claims for contribution.

Example (hypothetical) — how a simple Vermont partition might play out

Two siblings inherit a Burlington house as tenants in common, each holding 50%. One sibling wants to sell; the other wants to keep the house. The sibling who wants to sell files a partition complaint in the county Superior Court, names both siblings and the mortgage lender, asks for partition by sale, and requests appointment of a commissioner. The court orders an appraisal, the house is sold, mortgage and costs are paid, and net proceeds are split 50/50 after credits for any payments for which one sibling is owed reimbursement. Alternatively, the sibling who wants to keep the house could offer to buy the other sibling’s 50% at fair market value and avoid sale if the parties agree or the court approves a buyout.

Helpful hints

• Gather title documents, the deed, mortgage statements, tax bills, and any probate papers before filing.
• Get a professional appraisal early so you and the court have an accepted market value baseline.
• Calculate a realistic buyout number: (market value – liens and expected sale costs) × your co-owner’s share.
• Consider mediation or a settlement demand before filing; litigation is expensive and unpredictable.
• If the estate is still open, check with the probate court to determine whether the estate or executor should be a party.
• Keep records of payments you make for mortgage, taxes, and maintenance — the court may credit those amounts.
• Talk to a Vermont attorney who handles real estate or probate litigation to review strategy and prepare filings. If cost is a concern, ask about limited-scope representation or unbundled services.
• Check local Vermont court forms and filing rules at the Vermont Judiciary website: https://www.vermontjudiciary.org/.

For statute references about property generally, start with: Title 27 — Property and Conveyances. For court procedures, see the Vermont Superior Court pages at the Vermont Judiciary: https://www.vermontjudiciary.org/courts/superior-court.

If you decide to proceed, consider contacting a Vermont attorney early to confirm the right forum, identify all necessary parties, draft a correct complaint, and preserve your rights.