Detailed Answer
In Vermont, a partition action lets co-owners divide or sell real estate and distribute the proceeds. Statutory authority for partition lies in 14 V.S.A. ch. 11. Whether you can partition property before your divorce depends on how you and your spouse hold title.
Tenancy by the Entirety: Married couples in Vermont often own real estate as tenants by the entirety. This ownership creates a single legal entity between spouses. Neither spouse may unilaterally partition, sell, or mortgage the property without the other. Separation has no effect on this unity; you must wait until the divorce judgment divides or converts the property before you can partition or transfer your interest.
Tenants in Common: If your deed names you and your spouse as tenants in common, each holds an individual, divisible share. You may file a partition action in Superior Court even before divorce. You begin by filing a complaint, serving all co-owners, and paying the filing fee. The court then appoints a commissioner to physically divide the land or order its sale. After sale, net proceeds distribute according to ownership shares unless you agree otherwise.
Separation Agreements: You and your spouse may also enter a written separation or property settlement agreement under 15 V.S.A. § 751. A valid agreement can set out who keeps or sells each asset, avoiding formal partition. To ensure enforceability, have it reviewed by attorneys and submit it to the court for approval.
Partition actions follow strict deadlines and procedural rules. Collect deeds, mortgage statements, and any prior agreements before filing. Ensure all co-owners receive proper notice. Court involvement can take several months.
Helpful Hints
- Review your deed to confirm whether the property is tenants by the entirety or tenants in common.
- Consider negotiating a written separation or property settlement agreement to avoid court.
- Explore mediation to reach a voluntary division or sale plan with your spouse.
- Understand court costs, commissioner fees, and typical timelines for partition actions in Vermont.
- Keep thorough records: deeds, financial statements, communications, and any signed agreements.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.