Rhode Island Partition Lawyers

Partition Actions, Co-Owner Buyouts, and Disputes Over Jointly Owned Property

The Rhode Island partition lawyers at Bilodeau Capalbo, LLC represent property owners in disputes involving jointly owned homes, inherited real estate, investment properties, commercial buildings, and undeveloped land. When co-owners cannot agree about selling, occupying, maintaining, or managing property, resolving the dispute requires careful consideration of their ownership rights, financial contributions, agreements, and goals.

A partition action can provide a means of ending common ownership through a physical division of the property or a court-ordered sale. Other disputes may be resolved through a negotiated buyout, an agreed sale, or a written arrangement governing continued ownership.

Our Rhode Island real estate litigation attorneys assist clients with the ownership, valuation, accounting, and procedural issues that arise in these matters. We evaluate both the proposed disposition of the property and the financial claims that may affect what each owner ultimately receives.

What Is a Partition Action in Rhode Island?

A partition action is a civil proceeding through which a person with a qualifying ownership interest asks the court to divide jointly held real estate or authorize its sale. Rhode Island partition proceedings are governed principally by R.I. Gen. Laws Chapter 34-15.

Partition can take two principal forms. Partition in kind divides the property into separate parcels. Partition by sale involves a court-authorized sale and distribution of the proceeds according to the parties’ interests and the court’s determination of applicable claims, expenses, and adjustments.

The Superior Court’s role may extend beyond deciding whether the property should be divided or sold. A contested case may require the court to address ownership interests, contributions toward the purchase, mortgage payments, taxes, insurance, property income, and requests for reimbursement or other equitable relief.

The right to seek partition and the appropriate form of partition are separate questions. Establishing an ownership interest does not, by itself, determine the method of division, the sale terms, or the amount each party will receive.

When Do Property Owners Seek Partition?

Partition disputes arise in several recurring situations:

• Siblings or other relatives inherit real estate and disagree about whether to retain or sell it.
• Unmarried co-owners purchase a home together and later end their relationship.
• Investors disagree about the management, financing, improvement, or disposition of jointly owned property.
• One owner wants to withdraw from an investment while another wants to continue owning the property.
• One owner pays a disproportionate share of the mortgage, taxes, insurance, or maintenance expenses.
• An owner collects rental income without providing the other owners with an accounting.
• Co-owners disagree about occupancy, access, repairs, or the use of the property.
• Owners of vacant land, a family farm, or multiple parcels disagree about whether physical division is practical.

The issues differ depending on the property and the ownership arrangement. A dispute over an inherited residence may involve family expectations and occupancy. A dispute involving commercial or investment property may also require review of leases, operating expenses, financing documents, and business agreements.

We work with clients seeking to end common ownership and clients who want to retain the property through a buyout or another legally available arrangement.

Who Can Bring a Partition Action?

The starting point is the deed and the nature of each person’s legal interest. R.I. Gen. Laws § 34-15-1 addresses partition involving joint tenants, coparceners, and tenants in common who hold the interests described in the statute.

Before pursuing or defending a partition action, the ownership documents should be reviewed to determine who owns the property, the nature of those interests, which parties must participate, and whether an agreement affects the available relief.

Tenancy in Common

Tenants in common hold undivided fractional interests in the same property. Their ownership percentages may be equal or unequal. An undivided interest does not mean that the owner already holds a separately identified physical portion of the land.

Tenancy in common does not carry the same automatic survivorship feature associated with joint tenancy. An owner’s death therefore requires review of the applicable estate documents and succession rules to determine who succeeds to that interest.

Joint Tenancy

Joint tenancy includes a right of survivorship. However, the consequences of a joint tenant’s death can be affected by a partition action that was commenced before the death.

The deed, the timing of the action, and the applicable statutes must be considered together. The effect of a pending partition action is discussed further below.

Tenancy by the Entirety, Life Estates, and Future Interests

Property held by spouses as tenants by the entirety, property subject to a life estate, and property involving remainder or reversionary interests require separate analysis. These interests should not be treated as interchangeable with an ordinary tenancy in common.

Our attorneys review the deed and the instruments creating present or future interests to determine who may bring an action, who must receive notice or participate, and what relief may be available.

Property Owned by an LLC or Another Business Entity

A dispute among business owners requires careful attention to who actually holds title to the real estate.

For example, R.I. Gen. Laws § 7-16-34 provides: “A member has no interest in specific limited liability company property.” An ownership interest in an LLC therefore does not, by itself, make the member a direct co-owner of each parcel the LLC owns.

When a business entity holds title, the analysis may involve the operating agreement, shareholder or partnership agreements, contractual buyout provisions, or other business remedies. Our business law attorneys address those issues alongside the underlying real estate concerns.

Partition in Kind or Partition by Sale

Physical Division of the Property

Partition in kind, also called partition by metes and bounds, divides the property into separately owned parcels.

Evaluating whether physical division is practical may require surveys, appraisals, title review, and analysis of access, zoning, subdivision requirements, utilities, wetlands, and the location of existing buildings. The inquiry also considers whether the resulting parcels fairly reflect the owners’ interests.

A proposed division must be evaluated in practical terms. Drawing a line across a survey does not necessarily produce separate parcels that can be lawfully used, accessed, financed, or sold.

Court-Ordered Sale

Under R.I. Gen. Laws § 34-15-16, the Superior Court may authorize a sale under the direction of a court-appointed commissioner. The statute permits a public auction or a private contract. A private sale may not be made for less than the amount fixed by the court in its decree authorizing that sale.

The court must consider the evidence and the rights of the parties when exercising its discretion. In De Bartolo v. Di Battista, the Rhode Island Supreme Court explained that discretion must be exercised “in the light of reason applied to all the facts and with a view to the rights of all the parties to the action.” 117 R.I. 349, 353, 367 A.2d 701, 703 (1976).

In that case, the Supreme Court vacated the denial of partition because the trial justice had considered hardship to the defendant without fully considering the plaintiff’s right to enjoy the benefits of her property. The decision requires a balanced evaluation of the competing interests.

A Recent Rhode Island Decision Involving a Family Farm

In Manfredi v. Craven, the Superior Court reconsidered an earlier order directing physical division of a family farm after years of delay, continuing conflict, and violations of court orders. The court concluded that keeping the parties as neighboring landowners would not adequately resolve the dispute.

The court determined that “a partition by sale with equal division of proceeds is the best method to partition the Manfredi Farm.” Manfredi v. Craven, No. WC-2021-0311, slip op. at 19 (R.I. Super. Ct. Sept. 24, 2026). The court’s decision illustrates how the appropriate remedy can depend on the circumstances developed during the litigation. The equal division ordered in that case reflected the ownership and findings before that court.

Can One Co-Owner Buy Out the Other?

A negotiated buyout can allow one or more owners to retain the property while another receives payment for an ownership interest. Whether that approach is workable depends on valuation, financing, existing debt, and the parties’ ability to agree on the terms.

A buyout agreement should address the method for determining value, the interests being transferred, any agreed credits or offsets, the treatment of mortgage debt and liens, and the deadline for closing. It should also address possession, property expenses pending closing, and what happens if the purchasing owner cannot obtain financing.

Transferring a deed and obtaining a release from an existing loan are separate matters. A proposed buyout should therefore address both the ownership transfer and any continuing obligations under financing documents.

Our real estate transaction attorneys assist with the agreements and closing documents needed to implement a negotiated resolution. When a voluntary agreement cannot be reached, the available litigation options depend on the ownership arrangement and applicable law.

Qualifying heirs’ property will also be subject to the statutory buyout procedures described below for actions within the new law’s applicability provision.

Inherited Property and Rhode Island’s Heirs’ Property Act

Inherited real estate can present difficult questions when family members have different financial needs or different expectations about the property. One family member may occupy the home, another may pay expenses, and another may want to receive the value of an inherited interest.

Rhode Island has enacted the Uniform Partition of Heirs’ Property Act, codified as Chapter 34-15.1. The Act takes effect January 1, 2027. Section 34-15.1-3(a) states that it applies to partition actions filed after January 1, 2027.

Which Property Qualifies?

The statutory definition requires more than a family connection. It addresses property held in tenancy in common, the absence of an agreement binding all cotenants that governs partition, acquisition of title from a relative, and specified twenty-percent thresholds concerning family ownership or acquisition.

Property acquired from a living relative may qualify if the remaining requirements are satisfied. Whether a particular property meets the definition requires examination of its ownership history and the statutory criteria.

Valuation, Buyout Opportunities, and Physical Division

For qualifying property, the Act establishes procedures that include:

• A court determination of fair market value, generally through an appraisal, subject to the statute’s exceptions.
• An opportunity for eligible cotenants who did not request partition by sale to elect to purchase the interests of cotenants who requested a sale.
• A preference for partition in kind under the circumstances specified in the Act, unless the court finds that physical division would cause great prejudice to the cotenants as a group.
• Consideration of factors including family ownership history, sentimental attachment, existing use, and contributions toward property expenses and upkeep.

The forty-five-day period in the buyout provision concerns an election after statutory notice. It is not a universal deadline for completing payment.

For inherited-property disputes, the filing date, ownership history, and eligibility requirements must be evaluated before determining which procedures apply.

Mortgage Payments, Taxes, Repairs, and Rental Income

The ownership percentages shown in the deed are an important starting point, but they may not resolve the final financial accounting between the parties.

A partition dispute may involve claims concerning purchase funds, closing costs, mortgage payments, taxes, insurance, necessary repairs, improvements, and income received from the property. The availability and amount of a credit depend on the evidence, the parties’ agreements, the nature of the expenditure, and any applicable offsets.

Contributions and Property Expenses

An owner who has paid more than an appropriate share of property expenses may have a claim that should be evaluated in the accounting. Likewise, another owner may dispute whether an expense was necessary, authorized, properly documented, or attributable to the common property.

In Silva v. Fitzpatrick, 913 A.2d 1060, 1062–64 (R.I. 2007), the Supreme Court addressed the parties’ purchase contributions, property expenses, and claimed offsets in connection with the disposition of jointly owned property.

Careful documentation matters. Bank statements, closing records, mortgage histories, tax bills, insurance records, invoices, and communications can help establish what was paid and the basis for requesting an adjustment.

Rent Collected From Third Parties

R.I. Gen. Laws § 10-2-1 addresses accounting between owners of common property when an owner receives or benefits from the property in greater proportion than that owner’s interest.

When a co-owner collects rent from tenants, the accounting may require review of leases, rent payments, security deposits, operating expenses, and distributions to the owners.

The analysis should identify actual income and supported expenses so that the parties’ respective claims can be evaluated.

An Owner’s Personal Occupancy

A claim based on one co-owner personally occupying the property raises a different issue from an accounting for rent collected from third-party tenants.

In Silva, the Supreme Court explained that, for the exclusive-occupancy accounting claim at issue, “the claimant must prove that he or she has been ousted by the cotenant.” 913 A.2d at 1064. The Court rejected the claim where the departing owner had willingly left and had not presented evidence of fair market rental value.

Accordingly, one owner’s occupancy does not automatically establish an obligation to pay the other owner rent. Any agreement concerning use or rent, the circumstances of access or exclusion, and the evidence supporting the claim must be reviewed.

What Happens If a Co-Owner Dies During the Case?

The death of a party does not necessarily terminate a pending partition action.

In Butler v. Gavek, the Rhode Island Supreme Court held: “Section 34-15-12 is unambiguous and clearly states that an action for partition is not abated by the death of a plaintiff.” 245 A.3d 750, 755 (R.I. 2021).

The case involved a joint tenant who commenced a partition action before her death. The Court held that the statutory proceeding continued with the deceased party’s heirs or devisees rather than ending through application of the ordinary survivorship rule.

The timing matters. The decision concerns an action already commenced before the joint tenant died. Ownership, survivorship, estate documents, and the procedural history should be evaluated together when a death occurs during a property dispute.

How a Rhode Island Partition Action Proceeds

Although the issues vary, a partition matter commonly involves the following work:

1. Review of title and ownership documents. The deed, title history, mortgages, liens, ownership agreements, and relevant estate or trust documents are examined to identify the interests involved and the proper parties.
2. Evaluation of the property and potential resolution. The parties may obtain appraisals or other valuation evidence and consider a buyout, voluntary sale, or proposed physical division.
3. Filing or responding to the action. The pleadings identify the property, ownership interests, requested relief, and any related claims that should be addressed.
4. Court supervision and commissioner involvement. The court may appoint a commissioner and define the work to be performed, including surveying, valuation, sale-related tasks, or other steps authorized by the court.
5. Resolution of disputed financial claims. The parties may need to present evidence concerning contributions, property expenses, rents, reimbursements, and proposed distributions.
6. Implementation and final disposition. The required transfers or sale are completed, the court addresses the necessary allocations, and the appropriate judgments and records are prepared.

Our attorneys evaluate these issues from the beginning so that a proposed resolution accounts for both the ownership dispute and the practical steps required to implement it.

Responding to a Partition Complaint and Protecting Your Rights

A property owner who receives a partition complaint should address the proceeding promptly. Even when the parties agree about their ownership percentages, they may disagree about valuation, sale conditions, accounting claims, or the form of partition.

Participation also matters when the court considers motions and enters orders. In Karasuk v. Puchalski, the Supreme Court stated: “a party who intentionally decides not to attend a hearing cannot later contest the issues decided at that hearing.” 326 A.3d 1076, 1084 (R.I. 2024).

The decision also distinguishes preliminary commissioner instructions from an order directing a sale. An order allowing the commissioner to engage a title examiner and appraiser was not immediately appealable under the exceptions considered by the Court. An order directing the sale of real property generally falls within a statutory exception, although the party in that case had waived her challenge. Id. at 1083–84.

The practical lesson is to address objections, evidence, and procedural rights at the appropriate stage of the case.

Attorney’s Fees, Commissioner’s Fees, and Costs

Partition litigation may involve filing and service expenses, appraisals, surveys, commissioner charges, sale expenses, and attorney’s fees.

Under R.I. Gen. Laws § 34-15-22, the court has discretion to allocate costs in a manner it determines to be equitable and just.

Rhode Island recognizes that attorney’s fees may be included in partition costs under the common-benefit doctrine. That does not mean every legal expense incurred by an individual owner will be charged to the other owners. The nature of the work and whether it benefited the other parties are relevant. Moore v. Ballard, 914 A.2d 487, 489–90 (R.I. 2007).

Timing is also significant. In Moore, the Supreme Court held that the statute requires that “costs, including attorney’s fees, be apportioned, if at all, before the judgment in the partition action becomes final.” Id. at 490.

Requests for fees and costs should therefore be addressed as part of the case’s disposition, with attention to obtaining the required allocation before the partition judgment becomes final.

Agreements That Can Reduce Future Co-Ownership Disputes

A written ownership agreement can address issues that otherwise become difficult to resolve after a disagreement develops.

The agreement can define the purpose of the ownership arrangement, each owner’s financial responsibilities, occupancy rights, rental arrangements, approval requirements for improvements, and procedures for making decisions.

It can also establish a valuation process, buyout terms, a procedure for offering an interest to another owner, and a plan for handling a requested sale or withdrawal. The enforceability and scope of any restriction on partition require legal review.

For investment or business property, the ownership documents should also be coordinated with financing arrangements and any applicable entity agreements. Our attorneys assist with real estate agreements and transactions intended to address those issues before a dispute arises.

How Bilodeau Capalbo, LLC Can Assist

Partition disputes combine legal rights with practical questions about property value, financing, expenses, and the ability to complete a transaction. Bilodeau Capalbo, LLC brings experience in real estate litigation, appellate advocacy, business disputes, and real estate transactions to the evaluation and resolution of these matters.

Our work may include reviewing deeds and ownership agreements, evaluating the proper parties and available remedies, addressing accounting claims, negotiating buyouts, preparing sale or transfer documents, and representing clients in contested court proceedings.

Ryanna T. Capalbo, Esq.

Partner Ryanna T. Capalbo, Esq. represents clients in real estate litigation, civil litigation, and appellate proceedings. Her experience includes property boundary disputes, adverse possession claims, LLC member and shareholder disputes, contract matters, and representation of lenders and creditors.

Attorney Capalbo successfully argued the firm’s adverse possession appeal in The Union Cemetery Burial Society of North Smithfield v. Foisy, 292 A.3d 1205 (R.I. 2023). In its opinion, the Rhode Island Supreme Court stated: “we vacate the judgment and remand this case to the Superior Court for further proceedings consistent with this opinion.” Her appellate work reflects the firm’s experience addressing contested property rights and the evidentiary record supporting those claims.

Read more about the firm’s representation in the Foisy appeal and the decision’s significance for Rhode Island property owners.

Andrew R. Bilodeau, Esq., MBA

Managing Partner Andrew R. Bilodeau, Esq., MBA combines more than two decades of legal practice with over thirty years of entrepreneurial and business experience. His practice includes real estate disputes, business and commercial litigation, construction law, and business transactions.

Attorney Bilodeau earned his Master of Business Administration from Northeastern University’s D’Amore-McKim School of Business. His legal and business background informs his evaluation of property disputes involving investment decisions, financing obligations, financial records, business relationships, and competing proposals for resolving ownership. These considerations can be significant when co-owners disagree about retaining, selling, refinancing, or dividing residential, commercial, or investment property.

Evaluating the Property Dispute and the Available Resolution

Bilodeau Capalbo, LLC draws on the partners’ litigation, appellate, transactional, and business experience when evaluating disputes over jointly owned property. Our approach considers the ownership documents, the parties’ financial claims, the available evidence, and the practical requirements of a proposed sale, division, or buyout.

Whether a client seeks to end common ownership or retain the property through an available legal arrangement, our attorneys assess the applicable rights and develop a strategy suited to the property, the dispute, and the client’s objectives.Frequently Asked Questions About Rhode Island Partition Actions

Can a co-owner seek partition if the other owners refuse to sell?

A qualifying co-owner may seek partition even when the owners have not agreed to a voluntary sale. The court must still determine the parties’ rights and the appropriate remedy. A request for partition does not automatically establish that a sale, rather than physical division, should occur.

Does owning more than half of the property allow me to decide what happens?

An ownership percentage is relevant, but it does not by itself resolve the other owners’ legal rights or determine how the court will dispose of a partition case. The deed, any applicable agreements, and the governing law must be examined.

Can I keep an inherited home by buying the other owners’ interests?

A negotiated buyout may be possible if the parties can agree on value, financing, and the transfer terms. For qualifying heirs’ property, Chapter 34-15.1 establishes additional buyout procedures for actions filed after January 1, 2027. Eligibility and compliance with the statutory process must be evaluated.

Will I receive more money if I paid the mortgage, taxes, or repair bills?

Those payments may support an accounting or contribution claim, but the result depends on the evidence, the nature of the payments, the parties’ agreements, and any applicable offsets. Paying expenses does not automatically establish a different ownership percentage.

Does the owner living in the property owe rent to the other owners?

Personal occupancy alone does not automatically create that obligation. The analysis may involve an agreement concerning occupancy or rent, whether another owner was excluded, and evidence of rental value. Accounting for rent collected from third-party tenants presents a separate issue.

Does a partition sale have to be an auction?

No. Section 34-15-16 permits a sale by public auction or private contract under court supervision. A private sale is subject to the minimum amount fixed by the court in its decree authorizing that sale. The heirs’ property statute provides additional sale procedures for qualifying cases within its applicability provision.

Are the sale proceeds always divided equally?

No. The distribution depends on the parties’ ownership interests and the court’s treatment of applicable debt, expenses, costs, accounting claims, and adjustments. Even when the parties hold equal interests, the final net amounts require consideration of those issues.

How long does a partition case take?

The time required depends on the disputed issues, the property, the need for valuation or subdivision work, the court proceedings, and the steps necessary to complete a sale or transfer. A negotiated resolution may avoid some of the proceedings required in a contested case.

What documents should I bring to a consultation?

Useful records include the deed, purchase and closing documents, ownership agreements, appraisals, mortgage statements, tax and insurance records, repair invoices, leases, rental records, relevant estate or trust documents, and communications concerning a sale, buyout, occupancy, or expenses. If a case has already been filed, bring the pleadings and court orders.

Contact Our Rhode Island Partition Lawyers

If you are involved in a dispute over jointly owned property, Bilodeau Capalbo, LLC can evaluate your ownership rights, financial claims, and options for resolving the matter.

We assist property owners throughout Rhode Island, including Providence, Kent, Washington, Newport, and Bristol Counties.

Call 401-300-4055 or contact Bilodeau Capalbo, LLC to discuss a partition action, a co-owner buyout, or another dispute involving jointly owned real estate.