Connecticut Partition Law

Resolving Property Ownership with a Connecticut Partition Action

State law provides a definitive solution when co-owners cannot agree on the fate of their property. The law provides every joint owner a right to request a Connecticut partition action.

This legal remedy, set forth in Chapter 919 of the Connecticut General Statutes, ensures that no owner can be compelled to live under a shared title against their will.

Partition in Kind vs. Partition by Sale

Under Conn. Gen. Stat. § 52-495, the court can order a physical division of the land, known as a partition in kind. This process splits the property into separate parcels. Since courts generally prefer physical division, the party requesting a sale must prove that a division would cause substantial injury.

However, if a physical split is impractical, such as with a single-family home, the court may order a partition by sale. The property is sold at market value, and the amount is shared among the owners.

The Appointment of a Committee

A unique part of a Connecticut partition action is the court’s power to appoint a “committee.” This committee consists of impartial individuals who manage the process. Their job is to ensure that the division or sale is handled fairly and all interests are protected throughout the transition.

Uniform Partition of Heirs’ Property Act

For property inherited by multiple family members, Connecticut follows the Uniform Partition of Heirs’ Property Act (§ 52-503f). This adds protections for family land, including a buyout option that allows one co-owner to purchase the interests of those who want to sell.

Equitable Distribution and Payouts

The money from a sale is not always split according to the deed. During a Connecticut partition action, the court balances the “equities.” You may be entitled to reimbursement credits for:

• Payment of property taxes and insurance.
• Necessary maintenance and structural repairs.
• Mortgage principal and interest payments.
• Improvements that increased the final sale value.

Rights to Buyout and Appraisal

Co-owners get the right to demand an appraisal and acquire the interest of the party who has petitioned. If the property is classified as “heirs’ property,” the non-petitioning owners can buy out the share of the owner who initiated the legal action at a price determined by the court.

A Connecticut partition action provides the legal framework for dissolving co-ownership. Contact us today to recover your equity in the property.