Disclaimer

This content is educational only and is not legal advice. It explains general Vermont law and common court practices to help you understand your options. For advice about your particular situation, consult a Vermont attorney.

Detailed answer

When you inherit real property with other heirs, you typically become co-owners (most commonly tenants in common). If one or more co-owners want to sell the property but others refuse, Vermont law provides a court remedy called a partition action. A partition action is the usual legal route to force a division or sale of jointly-owned land.

Who can start the process?

Any co-owner of the property can file a partition lawsuit in Vermont Superior Court (Civil Division) asking the court either to physically divide the land among the owners (partition in kind) or, if division is not practical, to order a sale and divide the proceeds (partition by sale).

Key steps in a typical Vermont partition action

1. Confirm ownership and title. Gather the deed, the probate file if the property came through an estate, and any mortgage, lien, or tax records. Ownership documentation determines who must be served and who has an interest in the property.
2. File a complaint for partition. A co-owner files a civil complaint in Superior Court naming all co-owners and any lienholders. The complaint asks the court to divide the property or order a sale and to allocate costs, expenses, and proceeds.
3. Service and response. Co-owners and lienholders must be served with the complaint and have a chance to respond or contest the relief requested.
4. Court evaluation and commissioners/referee. If the court finds partition appropriate, it may appoint commissioners or a referee to evaluate whether the property can be physically divided and, if not, to oversee sale procedures and recommend distribution of proceeds. Courts consider factors such as whether a fair division would render parcels unusable or reduce value.
5. Partition in kind vs. partition by sale. Vermont courts prefer partition in kind when it is practicable and equitable. If in-kind division would be impractical or would unfairly harm owners’ interests, the court can order a sale and divide the net proceeds among owners according to their ownership shares, subject to liens and credits.
6. Accounting and credits. The court can order an accounting for mortgage payments, taxes, necessary repairs, rents or profits, and improvements. Owners who paid more than their share may receive credits from the proceeds, and owners who prevented sale or made waste may be penalized.
7. Supervised sale. Sales can be public auctions or private sales supervised by the court or by the appointed commissioner/referee to ensure a fair market sale and proper notice to all interested parties. The court will approve the sale terms and distribution of the proceeds.

Other ways a forced sale can be avoided

A partition action is not the only option. Consider these alternatives before (or alongside) filing suit:

• Negotiated buyout: one co-owner pays market value to the others to buy their shares.
• Sale by agreement: co-owners agree to list and sell the property and split proceeds.
• Mediation: a neutral mediator can help co-owners reach an agreement about sale, division of proceeds, or who will keep the property.
• Executor/administrator authority: if the estate is still open in probate, the executor or administrator may have authority under the will or probate statutes to sell estate assets. If so, a probate sale can resolve ownership before partition becomes necessary.

What the court will consider in Vermont

While the specific factors and procedures are set by Vermont’s court rules and statutes and by judicial practice, courts typically consider:

• Whether the land can be physically divided without substantially impairing value.
• Relative ownership shares, liens, and mortgage obligations.
• Contributions to taxes, mortgage payments, improvements, and rent or income from the property.
• Equitable adjustments for waste, concealment, or other wrongful conduct by a co-owner.

Practical timeline and costs

Partition actions can take many months to over a year, depending on complexity, whether parties contest the sale, and court schedules. Costs include filing fees, attorney fees, appraisal and survey fees, and fees for court-appointed commissioners or referees. The court may allocate some costs to the losing party or proportionally among owners.

When an heir is an executor or the will grants sale power

If the decedent’s will or the probate court granted the executor or administrator power to sell estate property, the property may be sold in probate without a partition action. Review the probate file to see whether sale authority exists; if uncertain, consult an attorney.

Where to file and where to get official information

Partition actions are filed in the Vermont Superior Court (Civil Division) where the property is located. For general court filing information, see the Vermont Judiciary website: https://www.vermontjudiciary.org/. For legislative text and statutes, see the Vermont Legislature website: https://legislature.vermont.gov/.

Helpful hints

• Confirm legal title: order a current title search or pull the deed at the town clerk’s office. Know exactly who owns what percentage.
• Get a current market appraisal: this helps for buyout negotiations and for the court to value the property if sold.
• Collect financial records: document mortgage payments, property taxes, insurance, repairs, rents, and improvements—these affect credits and distributions.
• Try negotiation or mediation first: courts often encourage settlement. A mediated buyout or sale can be faster and cheaper than litigation.
• Consider listing one owner’s interest for sale: sometimes a co-owner can sell their share through private sale if buyers exist; however, fractional interests are usually harder to sell and often sell at a discount.
• Understand probate status: if the estate is still open, the executor may be able to sell. If the estate is closed, you must proceed as co-owners.
• Keep records of communications: written offers, demands to sell, and refusals can be useful in court to show efforts to resolve the dispute.
• Get local counsel: real-property and partition practice vary by county; an experienced Vermont civil attorney can advise on strategy and expected costs.