Detailed Answer
This guide explains what information and documents most Vermont attorneys will ask you to provide when starting a partition action (a court case to divide or sell jointly owned real property). It assumes no prior legal knowledge and is organized so you can collect materials efficiently before your first lawyer meeting.
Short overview of the process (what the lawyer will do with your materials)
- Confirm who owns the property and how title is held.
- Run a full title search and check for mortgages, liens, or other encumbrances.
- Identify all persons and entities who must be joined in the case (co-owners, lienholders, heirs, trustees, etc.).
- Decide whether to ask the court to physically divide the land (in-kind partition) or order a sale and divide the proceeds (partition by sale).
- File the complaint and supporting documents in Vermont civil court and serve required parties.
Vermont’s statutory and court procedures control how a partition case proceeds. You can search Vermont statutes at the Vermont Legislature website: https://legislature.vermont.gov/statutes. Your attorney will cite and apply the exact statutes and local rules that govern partition actions.
What to bring to your first meeting (documents and information checklist)
Provide as many of the items below as you can. The more complete the file, the faster an attorney can evaluate your case and begin work.
- Property identification
– Current deed(s) showing legal description and names on title. If you have a deed copy, bring it. If not, provide parcel ID or street address so the attorney can pull records. - Chain of title and prior deeds
– Any earlier deeds, conveyances, or title insurance policy you have. These help identify when and how ownership was acquired. - Mortgage and lien information
– Copies of mortgage(s), home equity lines, or notices of lien (including tax liens and judgment liens). Provide lender contact info and account numbers if available. - Tax records and assessments
– Recent property tax bills, tax maps, and current municipal assessment records. These show assessed value and taxing authority details. - Survey, plot, or boundary information
– Any land survey, sketch plan, or boundary agreement. If you don’t have a survey, tell the attorney whether one exists and where it may be located. - Occupancy and possession evidence
– Documents or statements showing who occupies the property, date possession began, rent receipts, lease agreements, or utilities bills in someone’s name. - Improvements and expense records
– Receipts, contractor invoices, permits, or photos showing improvements, repairs, or investments made in or on the property. - Communications and agreements among owners
– Emails, letters, texts, written agreements, or notes about use, contribution to expenses, or attempted buyouts between co-owners. - Estate, trust, or probate documents
– Wills, trust instruments, letters of administration, probate court filings, and death certificates if any owner is deceased. - Corporate or partnership documents
– If an owner is an entity, bring formation documents, operating agreements, partnership agreements, corporate minutes, and any authority documents naming who can act for the entity. - Identification and contact information
– Full legal names, current mailing addresses, phone numbers, email addresses, and any known last-known addresses for all owners and potential claimants (heirs, beneficiaries, lienholders). - Prior lawsuits or title disputes
– Copies of any prior complaints, judgments, quiet title actions, boundary disputes, or settlement documents involving the property. - Crucial dates
– Dates of purchase/conveyance, death dates (if applicable), dates of occupancy, and dates when any alleged wrongful acts occurred (e.g., forcible exclusion).
How the attorney uses each type of document
- Deeds and chain of title: establish who holds legal title and whether title is joint-tenancy, tenancy in common, or held by an entity.
- Mortgages/liens: determine whether liens must be paid before any distribution and whether lienholders must be named in the suit.
- Surveys: help evaluate whether in-kind division is feasible or whether sale is the practical remedy.
- Lease and occupancy records: affect how proceeds or rents are divided and who may be entitled to credit for possession.
- Communications among owners: may show agreements that affect partition rights or equitable claims for reimbursement.
Common courtroom outcomes and how your documents affect them
- Partition in kind (division of land): more likely when property can be fairly divided into distinct parcels without undue prejudice. Surveys and plats are critical here.
- Partition by sale: court orders sale and divides net proceeds. Mortgages and liens generally pay from sale proceeds first.
- Accounting and credits: courts often allow credits for contributions to mortgages, taxes, improvements, or repairs. Keep receipts and payment records.
Practical tips on gathering evidence
- Obtain certified copies of recorded deeds and the current title report from the county town clerk or land records office.
- Ask the municipal tax office for assessment records and tax bill history.
- Get a copy of any available survey or a certificate of survey from a licensed Vermont surveyor.
- Collect communications among owners in chronological order and label them.
Time and cost considerations
Partition cases can take months to over a year depending on complexity: the number of parties, title issues, mortgage payoff, and whether the case settles. Costs include attorney fees, court filing fees, service costs, title searches, surveyor fees, and possibly a commissioner or referee’s fees if the court appoints one. Your attorney should provide a fee estimate and explain likely expenses after reviewing your documents.
Filing and service requirements
Your lawyer will prepare a complaint and supporting exhibits (deeds, tax bills, surveys, etc.) and file in the appropriate Vermont court. The lawyer must identify and serve all necessary parties. If someone cannot be located, the attorney may request court permission to use alternative service methods or to serve by publication.
Where to find Vermont law and court procedure
Vermont’s statutes and legislative resources are available at the Vermont Legislature website: https://legislature.vermont.gov/statutes. Search for terms such as “partition” or “real property” to locate specific statutes that apply.
Important disclaimer: This content is educational only and is not legal advice. It does not create an attorney-client relationship. For legal advice about your specific situation, contact a licensed Vermont attorney.
Helpful Hints
- Start collecting documents early—deeds and tax records are often easiest to obtain before filing.
- Bring originals and provide the attorney with copies they can keep.
- Make a simple timeline of key events (purchases, deaths, leases, disputes) to give the attorney context.
- If you think some co-owners may be hard to find, list every last-known address and contact info you have.
- Ask the attorney for a written fee agreement and an estimate of likely out-of-pocket costs before filing.
- Keep receipts for any payments you’ve made for mortgage, taxes, or improvements—these can affect distribution of proceeds.
- If the property is subject to environmental concerns or access issues, tell your attorney; those issues can materially change strategy and cost.