Legal Question in Real Estate Law in Connecticut

It is called a partition action. Perhaps we can help you. Contact us for more information. 203.870.6700

Any co-owner of real estate can force a sale of the property through what's called a "partition action". It's a lousy way to sell property because it's essentially like a foreclosure. The court appoints a committee to sell the property at a public auction, the sale is advertised in the newspaper and the auction is held some Saturday at noon. Just as in a foreclosure sale, this does not bring the best sale price; you get a lot of people looking for bargains. It's also expensive. First you have to pay a lawyer to bring the partition action (say, $2500) pay the court clerk ($300), pay the marshal ($150 +/-), pay for a title search ($150), pay for the newspaper ads ($1400), pay for the committee ($3500 +/-). Usually, when the other co-owner finds out the cost and the less than optimal sale price, he agrees to sell, thus eliminating most of these costs. Sometimes you have to actually bring the lawsuit, though, to get him to come to his senses. Give us a call to discuss.

John Heffernan 860.233.6336