Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer: Partition Proceedings in Vermont
In Vermont, when co-owners cannot agree on the use or disposition of real property, any owner may file a partition action in the Vermont Superior Court under 12 V.S.A. § 5111. This process forces either a division of the land (partition in kind) or a sale of the entire parcel (partition by sale).
1. Who May File and Where
Any tenant in common or joint tenant may initiate the action in the county where the property is located. The complaint must describe the property, name all co-owners, and state each party’s ownership interest as required by 12 V.S.A. § 5112 (view text).
2. Necessary Parties
The court must join every person holding a legal or equitable interest in the property (12 V.S.A. § 5113, view text).
3. Partition in Kind vs. Partition by Sale
• Partition in Kind: If the court deems fair physical division practicable, it orders the property divided among owners (12 V.S.A. § 5114, view text).
• Partition by Sale: If division in kind is impracticable or inequitable, the court orders the property sold at public auction or private sale. The net proceeds are distributed according to each owner’s share (12 V.S.A. § 5115, view text).
4. Valuation and Sale Process
The court may appoint commissioners to appraise or physically divide the land. For a sale, the court will set notice requirements, sale terms, and bidding procedures. After sale, a return and confirmation hearing finalizes distribution (12 V.S.A. § 5116, view text).
5. Timeline and Costs
A partition action can take several months, depending on property complexity and court backlog. Costs include filing fees, service of process, appraisal or commission fees, and attorney’s fees, which the court may allocate between parties.
Helpful Hints
- Review your deed to confirm tenancy in common vs. joint tenancy.
- Attempt a voluntary agreement before filing to save time and money.
- Gather all title documents, surveys, and tax records before you file.
- Consider mediation or negotiation to avoid a sale if you wish to keep the property.
- Be prepared for appraisal and legal costs; budget accordingly.
- Consult a Vermont real estate attorney early to guide you through deadlines and procedural rules.
- Understand that a sale may yield less than market value if ordered at auction.