Do you own a house with your boyfriend or girlfriend? Do you live in a house alone, but there is another person’s name on the property deed? If these facts resemble your situation, then you would benefit from learning the basic factors of what is known in Connecticut as a Partition Action.
When multiple parties own real estate together, disagreements can arise over how the property should be used, maintained, or sold. When those disputes cannot be resolved informally, a partition action provides a legal mechanism to physically divide the property, or have it sold and distribute the proceeds.
The Legal Framework in Connecticut
Partition actions in Connecticut are governed by Conn. Gen. Stat. § 52-495, which allows any person holding property as a joint tenant, tenant in common, or a co-inheritor to seek partition. The right to partition arises from ownership, not marital status or other personal relationship. Relationship status is irrelevant; Ownership over the property is what matters.
The statute reflects a fundamental principle of property law: No co-owner can be forced to remain in shared ownership indefinitely.
Types of Partition in Connecticut
Connecticut courts recognize two primary forms of partition:
Partition in Kind (Physical Division)
This involves dividing the property into separate parcels corresponding to each owner’s interest. Connecticut courts traditionally favor partition in kind, particularly for larger or undeveloped properties.
Partition by Sale
When physical division is impractical or would substantially diminish the property’s value, the court may order a sale and divide the proceeds among the owners.
The leading Connecticut case on this issue is Delfino v. Vealencis, in which the Connecticut Supreme Court held that:
- Partition in kind is preferred
- A sale should only be ordered when division is not feasible or would unfairly prejudice the parties
The Partition Process in Connecticut
While each case varies, most partition actions follow a similar structure:
1. Filing the Complaint
A co-owner initiates the action in the Superior Court in the judicial district where the property is located.
2. Determination of Ownership Interests
The court confirms each party’s percentage of ownership, often based on the deed. The court will also
3. Appointment of a Committee or Referee
In many cases, the court appoints a neutral third party to evaluate the property and recommend whether it should be divided or sold.
4. Accounting and Equitable Adjustments
The court may adjust distributions based on:
- Mortgage payments made by one party
- Property taxes
- Maintenance and repairs
- Improvements that increased value
5. Judgment of Partition
The court orders either:
- Physical division of the property, or
- Sale of the property and distribution of proceeds
Financial Considerations
A partition action involves some fees which could reduce the amount you walk away with. A partition action will likely involve:
- Court fees
- Appraisal of the home
- Attorney’s fees
Despite the potential costs, co-owners may still opt for a partition action when there is no alternative solution with another co-owner. You should speak to an attorney if you aren’t sure whether partition is the right step for you.
Conclusion
Partition will sometimes be a necessary remedy when co-owners cannot agree on what to do with a property. By understanding the statutory framework and judicial preferences, you will be in a better position to decide whether a partition action is right for you. Of course, an experienced attorney will always have the best advice on what you should do, depending on the specific circumstances of your co-ownership. An attorney won’t just explain to you how to go about filing a partition action; they will also explain what your alternatives are, so you can make an informed decision that lets you walk away with the most money possible. If you have questions about whether partition is the right choice for you, call us today at The Bartinik Law Firm LLC: 860-445-8521.