Partition Action Complaint - Connecticut

COMPLAINT FOR PARTITION OR SALE OF REAL PROPERTY — CONNECTICUT

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Parties
4. Jurisdiction and Venue
5. The Subject Property
6. Cotenancy and Fractional Interests
7. Source and Nature of Title
8. Count One — Partition in Kind (§ 52-495)
9. Count Two — Partition by Sale (§ 52-500)
10. Count Three — Uniform Partition of Heirs' Property Act (§§ 52-503f to 52-503r)
11. Accounting and Equitable Adjustments
12. Prayer for Relief
13. Verification
14. Signature and Service Blocks
15. Certificate of Service
16. Notice of Lis Pendens (§ 52-325)
17. Connecticut Practice Notes
18. Sources and References

1. CAPTION

RETURN DATE: [__/__/____]

DOCKET NO.: [________________________________]

SUPERIOR COURT

JUDICIAL DISTRICT OF [________________________________]

AT [________________________________]

COMPLAINT FOR PARTITION OR SALE OF REAL PROPERTY

The Plaintiff, [PLAINTIFF NAME], complaining of the Defendants, alleges and says:

2. NATURE OF THE ACTION

2.1. This is an action in equity for the partition of real property, or in the alternative for a sale thereof and distribution of the proceeds, pursuant to Conn. Gen. Stat. §§ 52-495 and 52-500. The Plaintiff and one or more Defendants own the Property described herein as cotenants.

2.2. The Plaintiff seeks partition of the Property in kind, or, if the Court finds that a sale will better promote the interests of the parties, a sale of the Property and an equitable distribution of the net proceeds, together with an accounting among the cotenants.

3. PARTIES

3.1. The Plaintiff, [PLAINTIFF NAME], is an individual residing at [ADDRESS], [TOWN], Connecticut, and owns an undivided [____] interest in the Property.

3.2. The Defendant, [DEFENDANT 1 NAME], is an individual residing at [ADDRESS], [TOWN, STATE, ZIP], and owns an undivided [____] interest in the Property.

3.3. The Defendant, [DEFENDANT 2 NAME], is a [individual / corporation / limited liability company / trust] with its [residence / principal place of business] at [ADDRESS], and claims or appears of record to claim an interest in the Property.

3.4. The Defendant, [MORTGAGEE / LIENHOLDER NAME], holds or appears of record to hold a [mortgage / judgment lien / mechanic's lien] upon the Property or an undivided interest therein, recorded in Volume [____], Page [____], of the [TOWN] Land Records, and is joined so that its interest may be protected and bound by the judgment.

3.5. The Defendants designated as "All Unknown Persons Claiming Any Interest in the Property Described Herein" are persons whose names and interests are unknown to the Plaintiff after diligent inquiry.

4. JURISDICTION AND VENUE

4.1. This Court, as a court having jurisdiction of actions for equitable relief, has authority to order partition or sale of the Property pursuant to Conn. Gen. Stat. §§ 52-495 and 52-500.

4.2. Venue is proper in this Judicial District because the Property is situated in [TOWN], in the Judicial District of [________________], Connecticut.

5. THE SUBJECT PROPERTY

5.1. This action concerns the real property known as [STREET ADDRESS], [TOWN], Connecticut [ZIP] (the "Property").

5.2. The Property is legally described as:

[INSERT FULL LEGAL DESCRIPTION as it appears in the Land Records — including reference to the deed Volume and Page, and any map or plan on file in the [TOWN] Town Clerk's office]

5.3. ☐ The Property is improved by a [single-family dwelling / multi-family dwelling / vacant land / commercial building].

6. COTENANCY AND FRACTIONAL INTERESTS

6.1. The Plaintiff and the Defendant owners hold title to the Property as [tenants in common / joint tenants], with the following respective interests:

6.2. The interests of the cotenants together constitute the entire fee simple in the Property. There is no agreement among the cotenants barring or restricting partition.

7. SOURCE AND NATURE OF TITLE

7.1. The cotenants acquired their respective interests in the Property by [deed / devise under the will of [DECEDENT] / intestate succession / distribution from the Estate of [DECEDENT]], as more particularly described in the Land Records of the Town of [TOWN].

7.2. ☐ The Property was acquired by inheritance from a common relative and may constitute "heirs property" within the meaning of Conn. Gen. Stat. § 52-503g, in which event the Uniform Partition of Heirs' Property Act (Count Three) applies.

8. COUNT ONE — PARTITION IN KIND (§ 52-495)

8.1. The Plaintiff realleges paragraphs 1 through 7.2 above.

8.2. As a cotenant of the Property, the Plaintiff is entitled, as a matter of right, to partition of the Property in kind pursuant to Conn. Gen. Stat. § 52-495.

8.3. ☐ The Property is capable of being divided, equitably and fairly, among the cotenants according to their respective interests without material injury to their rights.

8.4. The Plaintiff requests that the Court order partition in kind and appoint a committee pursuant to § 52-495 to make the division, awarding owelty as necessary to equalize the shares.

9. COUNT TWO — PARTITION BY SALE (§ 52-500)

9.1. The Plaintiff realleges paragraphs 1 through 8.4 above.

9.2. ☐ The Property cannot be conveniently or equitably divided in kind, and a sale of the Property will better promote the interests of the owners, in that [the Property is a single-family residence on a single lot / physical division would materially impair its value / [other reason]].

9.3. Pursuant to Conn. Gen. Stat. § 52-500, the Plaintiff requests that the Court order the Property sold, the proceeds paid into court, and the net proceeds distributed among the parties according to their respective interests as adjusted by the accounting, pursuant to § 52-502.

10. COUNT THREE — UNIFORM PARTITION OF HEIRS' PROPERTY ACT (§§ 52-503f to 52-503r)

10.1. The Plaintiff realleges paragraphs 1 through 7.2 above.

10.2. The Property is "heirs property" within the meaning of Conn. Gen. Stat. § 52-503g because: (a) there is no agreement in a record binding all cotenants that governs partition of the Property; (b) one or more of the cotenants acquired title from a relative, [RELATIVE/DECEDENT NAME]; and (c) [20% or more of the interests are held by cotenants who are relatives / a cotenant who acquired title from a relative resides in the Property].

10.3. Accordingly, this partition action is governed by the Uniform Partition of Heirs' Property Act, Conn. Gen. Stat. §§ 52-503f to 52-503r. The Plaintiff requests that the Court:

• ☐ Order a determination of the fair market value of the Property by appraisal or other method pursuant to § 52-503i;
• ☐ Afford the cotenants the right to buy out the interest of any cotenant requesting partition by sale pursuant to § 52-503j;
• ☐ If no buyout is completed, consider partition in kind before ordering partition by sale, applying the statutory factors in §§ 52-503k and 52-503l; and
• ☐ If a sale is ordered, direct an open-market sale at a price not lower than the court-determined value pursuant to § 52-503m.

11. ACCOUNTING AND EQUITABLE ADJUSTMENTS

11.1. The Plaintiff realleges paragraphs 1 through 10.3 above.

11.2. In partition, the Court balances the equities of the parties. The Plaintiff has paid more than the Plaintiff's proportionate share of the costs of the Property and is entitled to credit and contribution for:

• ☐ Real-property taxes paid: $[__________];
• ☐ Mortgage principal and interest payments: $[__________];
• ☐ Hazard and liability insurance premiums: $[__________];
• ☐ Necessary repairs and maintenance: $[__________];
• ☐ Capital improvements enhancing the value of the Property: $[__________];
• ☐ Other: [________________________________] — $[__________].

11.3. The Plaintiff is entitled to a charge against the share of any cotenant who has occupied the Property to the exclusion of the Plaintiff and received its rents, profits, or rental value (ouster), in the amount of $[__________] or as proven.

11.4. Where partition in kind is ordered and the allotted parcels are unequal in value, the Plaintiff requests an award of owelty to equalize the division.

11.5. The foregoing adjustments should be reflected in the allotment of parcels or in the distribution of sale proceeds under § 52-502.

12. PRAYER FOR RELIEF

WHEREFORE, the Plaintiff claims:

A. ☐ A judgment of partition of the Property in kind among the parties according to their respective interests, with the appointment of a committee under § 52-495 and owelty as necessary;

B. ☐ In the alternative, an order that the Property be sold pursuant to § 52-500 and the net proceeds distributed among the parties according to their respective interests under § 52-502;

C. ☐ Where the Property is heirs property, the determination of value, cotenant buyout, and open-market-sale procedures of the Uniform Partition of Heirs' Property Act, §§ 52-503f to 52-503r;

D. ☐ An accounting among the cotenants and an award to the Plaintiff of credit, contribution, and offset for taxes, mortgage, insurance, repairs, improvements, and the rental value of any property held in ouster;

E. ☐ That the interests of all lienholders attach to the proceeds of any sale in their respective priorities;

F. ☐ The costs of this action, including committee fees, appraisal and survey costs, and reasonable attorney's fees as allowed by law; and

G. ☐ Such other and further relief as the Court deems equitable.

13. VERIFICATION

STATE OF CONNECTICUT

COUNTY OF [________________], ss.: [TOWN]

I, [PLAINTIFF NAME], being duly sworn, depose and say that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint; and that the statements therein are true to the best of my knowledge and belief, except as to matters stated upon information and belief, and as to those I believe them to be true.

[________________________________]
[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [________________], 20[____].

[________________________________]
Notary Public / Commissioner of the Superior Court
My Commission Expires: [__/__/____]

14. SIGNATURE AND SERVICE BLOCKS

Dated at [TOWN], Connecticut, this [____] day of [________________], 20[____].

THE PLAINTIFF,

By: [________________________________]

[ATTORNEY NAME]

[LAW FIRM NAME]

Juris No.: [__________]

[STREET ADDRESS], [CITY, STATE ZIP]

Telephone: [________________] Email: [________________]

Commissioner of the Superior Court / Attorney for the Plaintiff

15. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a copy of the foregoing was served upon all parties of record by ☐ the State Marshal pursuant to Conn. Gen. Stat. § 52-50; ☐ electronic delivery; ☐ U.S. Mail, postage prepaid, addressed as follows:

[NAME / ADDRESS OF EACH PARTY OR COUNSEL SERVED]

[________________________________]
[ATTORNEY NAME], Commissioner of the Superior Court

16. NOTICE OF LIS PENDENS (§ 52-325)

NOTICE OF LIS PENDENS

NOTICE IS HEREBY GIVEN that an action has been commenced and is pending in the Superior Court for the Judicial District of [________________], returnable [__/__/____], Docket No. [________________], entitled [PLAINTIFF NAME] v. [DEFENDANT NAME], et al., in which the Plaintiff seeks partition or sale of the real property described below, which action affects the title to and interest in said real property:

[INSERT FULL LEGAL DESCRIPTION]

Commonly known as [STREET ADDRESS], [TOWN], Connecticut [ZIP].

Dated at [TOWN], Connecticut, this [____] day of [________________], 20[____].

[________________________________]
[ATTORNEY NAME], Commissioner of the Superior Court
Attorney for the Plaintiff

RECORD WITH: The Town Clerk of [TOWN], Connecticut, on the Land Records.

17. CONNECTICUT PRACTICE NOTES

• Governing statutes. Partition is governed by Conn. Gen. Stat. §§ 52-495 to 52-503r. Section 52-495 authorizes partition in kind of property held in joint tenancy, tenancy in common, coparcenary, or by tenants in tail; § 52-500 authorizes a sale where a sale would better promote the parties' interests.
• Partition in kind as of right; sale as of discretion. "Partition of property is matter of right, but partition by sale is matter of discretion" (9 Conn. Supp. 136). The court may order a sale under § 52-500 even though some owners demand partition in kind, where a sale better serves the parties.
• Committee. Under § 52-495, the court appoints a committee to carry out the partition or sale and to report to the court.
• UPHPA. Connecticut adopted the Uniform Partition of Heirs' Property Act by P.A. 15-234, codified at §§ 52-503f to 52-503r. Where the Property qualifies as "heirs property" (§ 52-503g), the Act's appraisal, cotenant-buyout, and open-market-sale provisions apply and largely supersede the general partition procedure.
• Decedents' estates. Section 45a-326 governs partition or sale of an undivided interest in a decedent's estate; coordinate with any pending Probate Court proceeding.
• Necessary parties. Join all cotenants and all holders of record interests (mortgagees, lienholders, life tenants, remaindermen). A cotenant must establish unity of possession; one who has been ousted may still maintain the action.
• Lis pendens. Record a notice of lis pendens under § 52-325 on the Land Records of the town where the Property lies.
• Quitclaim remedy. In appropriate cases a Connecticut court may, in lieu of physical division or sale, order one cotenant to execute a quitclaim deed to another in exchange for a money payment (see 54 Conn. App. 444).

18. SOURCES AND REFERENCES

• Conn. Gen. Stat. §§ 52-495, 52-496, 52-497 (Partition) — https://www.cga.ct.gov/
• Conn. Gen. Stat. § 52-500 (Sale); § 52-502 (Distribution of proceeds)
• Conn. Gen. Stat. §§ 52-503f to 52-503r (Uniform Partition of Heirs' Property Act; P.A. 15-234)
• Conn. Gen. Stat. § 45a-326 (Undivided interest in decedent's estate)
• Conn. Gen. Stat. § 52-325 (Lis pendens)
• Public Act No. 15-234 (adoption of UPHPA and estates in fee tail)
• Connecticut Practice Book §§ 10-1 et seq.
• Uniform Law Commission — Uniform Partition of Heirs Property Act

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