Legal Question in Real Estate Law in Rhode Island

Re: Boyfriend / Girlfriend breakup - He refuses to sell the house!

You need to file a lawsuit called a "partition".

A partition case in Rhode Island (RI) is an equitable, legal action in which a person corporation or legal entity can force the sale of real estate against another co-owner or life tenant. A partition case can involve either residential or commercial real estate.

If a partition lawsuit is filed and there is no defense to the actual partition then the Court will appoint a commissioner to sell the real estate.

In the vast majority of partition cases, there is no way to stop the partition of the property unless there is a settlement. If there is no settlement, the Rhode Island Superior Court will appoint a commissioner to sell the property.

A commissioner is an independent Rhode Island Attorney / lawyer appointed by the Superior Court Judge.

Either party to the partition lawsuit, the plaintiffs or the defendants may be given an opportunity to purchase the property so long as they are willing to pay the fair market value of the real estate.

In a vast majority of the partition cases a settlement of the case is reached before a commissioner is appointed. If the case is not settled then the commissioner will sell the property and put the proceeds of the sale into the registry of Court.

After the property is sold by the commissioner the parties have a right to argue as to what interest they have to the proceeds that are being held by the Court. The parties have a right to a hearing / trial on the merits concerning their respective rights to the proceeds. The parties can dispute and argue about issues concerning payment of taxes, insurance, condominium fees, mortgage payments, payments of the home equity line, payment of lines of credit, utilities, payment of heat, electric, water, maintenance of the property, upkeep, remodeling issues etc.

Partition cases are often filed in the context of family disputes between family members who are feuding or cannot agree whether or not to sell the property. In some instances the family dispute concerns who is responsible to pay for taxes, insurance, additions, maintenance or upkeep of the property. Sometimes, the parties cannot agree to the reasonable fair market value of the property.

In other instances the family members just hate each other and their animosity leads to vindictiveness and eventually to a partition lawsuit in Court. Many of these feuds are long standing family disputes and issues between brothers and sisters, parents and children, uncles, cousins, or other distant relatives.

Partition cases also are filed in the context of boyfriends and girlfriends breakups , or significant others who are involved in nasty breakups or even amicable breakups and cannot agree on what share of the proceeds each of the parties will receive upon the sale of the real estate. Partition cases can also be the result of a homosexual / gay relationships terminating.