Detailed Answer

When a co-owner (including a spouse in a divorce) asks the court to order the house sold but does not propose specific buyout terms, you still have several legal and practical options under Vermont law to protect your rights and pursue a fair outcome. The court can order a sale and division of proceeds, but it also has discretion to resolve how proceeds get split and whether one party can buy the other out. Your immediate choices depend on who owns the property, whether the case is a family matter (divorce/separation) or a civil partition, and whether there are existing orders or liens affecting the property.

Key possibilities to consider

Negotiate a buyout before the court sells: Propose a buyout based on a current market appraisal, outstanding mortgage balance, closing costs, and an agreed formula to divide equity. Courts often favor negotiated agreements and may approve them.
Ask the court to set buyout terms: File a motion or written response asking the judge to set buyout terms or hold a hearing to determine equitable distribution rather than an immediate sale. You can ask the court for an appraisal and a valuation method.
Request a neutral appraisal or commissioner: Ask the court to appoint an appraiser or commissioner to determine fair market value and propose buyout numbers. This gives the court an objective basis for setting buyout terms or dividing sale proceeds.
Seek temporary exclusive occupancy or use rights: If you live in the house and wish to remain until a resolution, ask the court for temporary exclusive possession and an order allocating mortgage, tax, and maintenance costs during that period.
Counter: seek partition (if co-owners, not spouses): If the action is a partition between co-owners, you may be able to seek partition in kind or a supervised sale. Partition rules differ from divorce property division, and the court may appoint a commissioner to sell or divide.
Mediation or settlement conference: Request mediation. Judges often encourage parties to settle buyout terms through mediation because it saves time and costs.
Oppose sale timing/method: If the proposed sale is rushed or would materially harm your interests (e.g., a forced sale at below-market terms), ask the court for a delay, require standard sale procedures, or insist on competitive listing and marketing before sale.

How Vermont courts typically handle requests to sell real property

In divorce and family proceedings, Vermont courts divide property equitably. The court can order sale of the marital home and divide net proceeds if the parties cannot agree on a buyout. In civil actions between co-owners, a partition or sale is a common remedy. Because the exact procedures and factors vary by the type of case, it is important to tell the court whether you want to buy out the other owner, remain in the home, or have the court supervise the sale and split of proceeds.

For general information about Vermont courts and family matters, see the Vermont Judiciary’s website: https://www.vermontjudiciary.org/. For statutory text and other laws, consult the Vermont Statutes online: https://legislature.vermont.gov/statutes/.

Practical steps to protect your position

Respond promptly in court: If you receive a petition or motion asking only for sale, file a written response or motion asking the court to consider buyout terms or an appraisal before ordering a sale.
Get a professional appraisal: An independent appraisal gives a neutral market value you can use in buyout calculations or to argue against a rushed sale.
Document payments and improvements: Gather mortgage statements, tax records, insurance payments, repair receipts, and proof of contributions. Ask the court to credit payments you made toward the mortgage, taxes, or repairs.
Calculate equity and proposals: Determine net equity (current market value minus outstanding liens and expected sale costs). Offer a clear buyout formula (e.g., one party pays the other an agreed share of net equity within X days, or refinances the mortgage).
Ask for temporary orders: Request orders allocating mortgage, tax, and insurance obligations and addressing who pays utilities and maintenance while the case proceeds.
Consider mediation: Propose mediation to reach buyout terms without a contested hearing.
Consult a Vermont attorney: A lawyer familiar with Vermont family and property law can draft motions, calculate equitable division, and represent you in hearings or settlement talks.

Common buyout methods courts or parties use

Appraisal-based buyout: Use an agreed or court-appointed appraisal to set market value; the buying party pays half (or another share) of the net equity after liens and sale costs.
Refinance and payoff: One party refinances the mortgage in their own name and pays the other party their share of the equity.
Payment plan: Court-authorized installment payments or a lien against the property to secure deferred buyout payments.
Sale and split: If buyout is not practical, the court orders a sale and divides the net proceeds after costs and liens per the court’s equitable distribution decision.

When to act immediately

Take prompt action if the other party asks the court for a sale without buyout terms. Filing a written response, requesting a hearing, or seeking temporary orders preserves your rights and prevents a quick sale that may leave you with a worse outcome. Don’t ignore court papers.

When a lawyer is especially helpful

Hire an attorney if you need to:

Defend your ownership interest in a contested sale.
Get a fair valuation and precise buyout calculations.
Obtain temporary possession or expenses allocated while the dispute continues.
Handle partition claims between non-spouse co-owners.

Resources

Vermont Judiciary: https://www.vermontjudiciary.org/
Vermont Statutes online: https://legislature.vermont.gov/statutes/

Helpful Hints

Keep all paperwork organized: deed, mortgage statements, insurance, tax bills, and receipts for repairs and improvements.
Obtain a current market appraisal before negotiating or asking the court for valuation.
If you want to stay in the home, propose a clear refinance or payment timeline to buy out the other owner.
Ask the court to allocate ongoing expenses (mortgage, taxes, insurance) while the dispute is pending so you’re not left paying alone.
Consider mediation early. Courts often prefer settlement and may pause enforcement to allow mediation.
Respond to court papers immediately to avoid default outcomes (including an unsupervised sale).
Get legal advice about tax consequences of a sale or buyout and about whether a partition remedy applies to your situation.

Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Vermont attorney.