Partition Action Complaint - Rhode Island

COMPLAINT FOR PARTITION OF REAL PROPERTY — RHODE ISLAND

STATE OF RHODE ISLAND

SUPERIOR COURT

[____] COUNTY

C.A. No.: [______________]

COMPLAINT FOR PARTITION (R.I. Gen. Laws § 34-15-1 et seq.)

Plaintiff, [PLAINTIFF FULL NAME], by and through undersigned counsel, complains of the Defendants and alleges:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is [a resident of [____], Rhode Island / an entity organized under the laws of [____]], with an address of [________________________________].

2. Defendant [DEFENDANT 1] is, upon information and belief, [an individual residing at / an entity with a principal place of business at] [________________________________], and is a cotenant of the Subject Property.

3. Defendant [DEFENDANT 2] is, upon information and belief, [________________________________].

4. Defendants designated as "ALL ABSENT AND UNKNOWN PERSONS" are joined and may be served by notice to absent or unknown parties pursuant to R.I. Gen. Laws § 34-15-7. Where any party in interest is a minor or otherwise under disability, a guardian ad litem may be appointed pursuant to R.I. Gen. Laws § 34-15-11.

5. This Court has jurisdiction over this action. Venue is proper in [____] County because the Subject Property is located in [____] County, Rhode Island (see R.I. Gen. Laws § 34-15-6 where land lies in more than one county).

II. THE SUBJECT REAL PROPERTY

6. The real property at issue (the "Subject Property") is located in [____], [____] County, Rhode Island, and is described as follows:

Legal Description:
[________________________________________________________________
________________________________________________________________
________________________________________________________________]

Assessor's Plat [______], Lot [______]
Street Address (reference only): [________________________________]
Recording reference: Land Evidence Records, Book [______], Page [______]

III. COTENANCY AND RESPECTIVE INTERESTS

7. Plaintiff and the Defendants hold the Subject Property as [tenants in common / joint tenants / cotenants of an estate of inheritance / for life or years]. Plaintiff holds an estate of inheritance (or for life or years) entitling Plaintiff to compel partition pursuant to R.I. Gen. Laws §§ 34-15-1, 34-15-2, and 34-15-3. The respective interests, so far as known, are:

8. Plaintiff acquired Plaintiff's undivided [____] interest by [Warranty Deed / Quitclaim Deed / devise / intestate succession] dated [__/__/____], recorded in the Land Evidence Records of [____] on [__/__/____] in Book [____], Page [____].

9. No agreement, will, or deed restriction binding all cotenants prohibits or restricts the right of partition.

IV. ENTITLEMENT TO PARTITION

10. Plaintiff incorporates the preceding paragraphs.

11. As a cotenant holding an undivided interest in the Subject Property, Plaintiff is entitled to compel partition of the Subject Property according to the respective rights of the parties, pursuant to R.I. Gen. Laws § 34-15-1 et seq.

12. The Court is requested to adjudicate all claims and questions of title and interest among the parties (R.I. Gen. Laws § 34-15-19).

V. PARTITION IN KIND OR BY SALE

13. ☐ Partition in kind. The Subject Property can be divided in kind among the parties according to their respective interests, and Plaintiff requests that the Court enter judgment for partition and appoint commissioners to make the division and set off each party's share (R.I. Gen. Laws §§ 34-15-15, 34-15-24, 34-15-25).

14. ☐ Partition by sale. The Subject Property cannot be divided in kind without prejudice to the owners (or a sale will better promote the interests of the parties); Plaintiff requests that the Court order a sale of the Subject Property and a division of the proceeds among the parties according to their respective interests (R.I. Gen. Laws §§ 34-15-16, 34-15-18).

VI. ACCOUNTING AND EQUITABLE ADJUSTMENTS (OWELTY)

15. Plaintiff incorporates the preceding paragraphs.

16. An accounting is necessary to adjust the equities among the cotenants. Plaintiff requests that, in setting off the parties' respective shares (§ 34-15-15) and in dividing any sale proceeds (§ 34-15-18), the Court credit or charge each cotenant for the following, as the proof may show:

☐ Sums paid for the purchase price, down payment, and mortgage principal and interest beyond a cotenant's proportionate share.
☐ Sums paid for property taxes, insurance, and assessments.
☐ The reasonable cost of necessary repairs and value-enhancing improvements.
☐ Rents, profits, and income received by a cotenant from the Subject Property.
☐ The reasonable rental value of exclusive use / occupancy where a cotenant has ousted or excluded another cotenant.
☐ Waste, damage, or diminution in value caused by a cotenant.
☐ Owelty to equalize an in-kind partition that cannot be made in exact proportion.
☐ Other: [________________________________].

VII. APPOINTMENT OF COMMISSIONERS

17. Plaintiff requests that, after judgment for partition is entered, the Court appoint one or more discreet, impartial, and disinterested persons (commissioners), duly sworn, to make partition pursuant to the judgment (R.I. Gen. Laws §§ 34-15-24, 34-15-25), to report to the Court (§ 34-15-27), with subdivision and platting of the land as needed (§ 34-15-29), and with title vesting accordingly upon judgment (§ 34-15-28).

VIII. COSTS

18. Plaintiff requests that the costs of this action be apportioned among the parties in proportion to their respective interests pursuant to R.I. Gen. Laws § 34-15-22, and declared a lien on the property pursuant to § 34-15-23. Plaintiff further requests an award of reasonable attorneys' fees to the extent permitted by law or equity.

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

A. Determine and declare the respective undivided interests of Plaintiff and each Defendant in the Subject Property and adjudicate all claims (R.I. Gen. Laws § 34-15-19);

B. Enter judgment for partition of the Subject Property and appoint one or more commissioners to make partition in kind and set off each party's share (R.I. Gen. Laws §§ 34-15-15, 34-15-24, 34-15-25);

C. If partition in kind cannot be made without prejudice, order the Subject Property sold and the proceeds divided among the parties according to their respective interests (R.I. Gen. Laws §§ 34-15-16, 34-15-18);

D. Take an accounting among the cotenants and credit or charge each share for contributions, rents, ouster, waste, and owelty as set forth above;

E. Apportion the costs among the parties (R.I. Gen. Laws § 34-15-22), declare them a lien on the property (§ 34-15-23), and award reasonable attorneys' fees as permitted; and

F. Grant such other and further relief as is just and equitable.

Dated: [__/__/____]

[________________________________]
[Attorney Name], R.I. Bar No. [______]
[Firm Name]
[Address] · [Phone] · [Email]
Attorney for Plaintiff

VERIFICATION

STATE OF RHODE ISLAND )
                     ) ss.
COUNTY OF [____] )

I, [PLAINTIFF FULL NAME], being duly sworn, depose and say that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for Partition and know the contents thereof; and that the same is true of my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.

[________________________________]
[Plaintiff Signature]

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

[________________________________]
Notary Public
My commission expires: [__/__/____]

[NOTARY SEAL]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] a true and correct copy of the foregoing Complaint for Partition was served upon the following by the method indicated:

[________________________________]
[Attorney Name], R.I. Bar No. [______]
Attorney for Plaintiff

Sources and References

• R.I. Gen. Laws ch. 34-15 — Partition (§ 34-15-1 et seq.) (https://law.justia.com/codes/rhode-island/title-34/chapter-34-15/)
• R.I. Gen. Laws § 34-15-16 — Order of sale
• R.I. Gen. Laws § 34-15-22, § 34-15-23 — Apportionment of costs; costs as lien
• R.I. Gen. Laws § 34-15-24 — Appointment of persons (commissioners) to make partition (https://codes.findlaw.com/ri/title-34-property/ri-gen-laws-sect-34-15-24/)
• UPHPA status (Rhode Island): Rhode Island has not enacted the Uniform Partition of Heirs Property Act as of this drafting. Bills to adopt it were pending (2025 H 5937; 2026 H 7210 / S 2394). Verify current status before filing; if enacted, an heirs'-property partition would be governed by the new chapter (proposed R.I. Gen. Laws ch. 34-15.1).

Disclaimer: This template does not constitute legal advice. Rhode Island partition is brought in the Superior Court and involves commissioners, sale procedures, and an accounting of contributions and offsets. Engage a licensed Rhode Island attorney and obtain a current title rundown before filing.