It’s not unusual for parents to leave their homes to their adult children in equal shares – but that attempt to keep everything fair can actually have very unfair results when the siblings cannot agree on what to do with the property.
This is where a partition action may be able to help.
What’s a partition action?
Connecticut General Statutes § 52-495 allows for partition actions to be filed when the co-owners of a piece of real property don’t see eye to eye on its disposition. Partition actions basically ask the court to step in and either divide the property (if that’s possible) or force its sale (when dividing the property doesn’t make sense).
For example, maybe you inherited the family home with your older sibling, who currently lives there and wants to continue to do so. You’re agreeable to that, but you want them to buy out your interest in the property so that you have no more financial entanglements or responsibilities related to its upkeep. After months of pressing your sibling to act, you’ve gotten nowhere because you can’t agree on how the property should be valued. You think it is worth much more than your sibling is willing to admit.
A partition action could be your best option forward because it provides an impartial and structured method for protecting the interests of both co-owners.
This is, of course, just an example of the way that a partition action can be used to settle disagreements between siblings over inherited real estate. Legal guidance can help you decide if this is the right way to approach – and finally resolve – your situation.