Detailed Answer

Short answer: Yes — in Vermont a co-owner can generally force a sale through a court partition action if co-owners cannot agree. But courts prefer dividing property “in kind” when feasible and will only order a sale when physical division is impractical or unfair. Filing a partition lawsuit starts the process, but there are alternatives (buyouts, mediation) that can avoid court costs and delay.

How partition works under Vermont law

When two or more people own real estate together (for example, family members who inherited a house), each owner has a legal interest in the property. If the owners cannot agree about selling or dividing the property, any co-owner may ask the Superior Court to partition the property. Partition is an equitable remedy that lets the court either:

divide the land physically among the owners (partition in kind), or
order the property sold and divide the net proceeds among the owners according to their ownership shares (partition by sale).

Court decisions about which remedy to use turn on practical factors: whether the parcel can be divided without significant decrease in value, whether physical division would be unfair to some owners, and whether meaningful partitions are feasible. If dividing the land would substantially reduce value or is not feasible, the court is likely to order a sale.

For Vermont statute provisions and related rules, see the Vermont Legislature statutes search for “partition”: https://legislature.vermont.gov/statutes/search?search=partition. For information about filing civil actions in Vermont courts and self-help resources, see the Vermont Judiciary: https://www.vermontjudiciary.org/.

Common steps in a Vermont partition action

One co-owner files a civil complaint for partition in the Vermont Superior Court (civil division).
The defendant co-owners are served notice and can respond; the court may encourage mediation or settlement.
If the court proceeds, it will determine each party’s ownership interests, any liens or mortgages, and whether a partition in kind is practical.
If the court orders a sale, it typically supervises the sale process or appoints a commissioner/referee to sell the property and report proceeds to the court. Liens, mortgages, costs, and the court’s fees are paid from sale proceeds before distribution to co-owners.
The court issues a final order distributing net proceeds according to the ownership shares and any court-ordered adjustments (for contributions to improvements, unequal ownership, etc.).

Options short of a court-ordered sale

Because partition litigation is time-consuming and costly, consider alternatives first:

Buyout: One owner offers to buy out the others at an agreed or appraised value.
Negotiated sale: Co-owners agree on a listing broker and split proceeds.
Mediation or family meeting: Neutral mediator helps reach a settlement (often faster and cheaper).
Partition agreement: Co-owners sign a written agreement allocating use, expenses, or a future sale timeline.

Costs, timing, and practical concerns

Litigation costs: Court filings, lawyer fees, appraisal, and commissioner costs can add up. Net proceeds may be smaller after costs.
Mortgages & liens: Mortgages and recorded liens remain attached to the property; a sale typically pays these first. If owners want to avoid foreclosure complications, address mortgages early.
Valuation disputes: The court may order appraisals; parties often dispute values and share appraisal costs.
Possibility to buy: Courts sometimes give co-owners a chance to buy out the objecting co-owner at the court-determined value rather than sell to a third party.

Practical example (hypothetical)

Three siblings inherit a house as tenants in common. Two siblings want to sell and split the money; one refuses because they want to keep it as a vacation home. The two siblings can file a partition action in Vermont Superior Court. The court will assess whether the property can be fairly divided. If division would be impractical (a single house on one lot usually cannot be split), the court will likely order a sale and divide net proceeds after paying liens and costs. Before filing, the siblings might offer the refusing sibling a buyout or try mediation to avoid court.

Helpful Hints

Confirm ownership type: Determine whether the deed names owners as joint tenants or tenants in common. Tenants in common generally have the right to partition.
Collect documents: Bring deeds, mortgage statements, tax bills, insurance policies, and any wills or probate records to initial talks or mediation.
Get an appraisal early: A neutral appraisal helps parties negotiate a buyout or settlement.
Consider mediation: Courts often prefer or encourage mediation; it saves time and money and preserves relationships.
Address mortgages and liens: Know who is paying the mortgage and how outstanding debt will be handled at sale.
Expect fees: Factor court costs, attorney fees, and sale expenses into expectations for net distribution.

Next steps

If you are a co-owner wanting to force a sale, consider meeting with the other owners to explore buyouts or mediation. If that fails, consult a Vermont attorney experienced in real property/partition actions to evaluate filing a partition complaint and explain likely outcomes and costs. If you plan to proceed pro se, start by reviewing Vermont civil procedures and the Judiciary’s self-help resources: https://www.vermontjudiciary.org/ and search the Vermont statutes for “partition” at https://legislature.vermont.gov/statutes/search?search=partition.

Disclaimer

This article explains general information about forcing the sale of shared property under Vermont law. It is not legal advice and does not create an attorney-client relationship. Laws change and every situation is unique. Consult a licensed Vermont attorney before making legal decisions.