§ 34-15-1. Cotenants of estates of inheritance. All joint tenants, coparceners, and tenants in common, who now are or hereafter may be actually seised or possessed of any estate of inheritance in any lands, tenements or hereditaments, whether in their own right or as receiver appointed by any state or federal court, or as trustee […]
§ 34-15-10. Summons of party omitted from original process. In any action for partition, if any person who ought to be a party to the action is omitted, the action shall not be thereby abated; but if the omission of the party is pleaded, a summons shall issue to the person thus omitted, which summons […]
§ 34-15-11. Appointment of guardian ad litem. If, in any such action, the defendant is an infant, of unsound mind or otherwise incapacitated to take care of his or her right and estate, the court before which such action shall be pending shall appoint some discreet and disinterested person as guardian to defend the infant, […]
§ 34-15-12. Death of party — Substitution of heirs or devisees. No action for partition shall be abated by the decease of either of the parties plaintiff or defendant in the action. In case of the decease of either of the plaintiffs or defendants in the action, the court shall cause the heirs at law […]
§ 34-15-13. Voluntary appearance by heirs or devisees of deceased party. If the deceased person’s heirs or devisees voluntarily appear in court without notice as provided in § 34-15-12, the court may proceed without further delay to try, render judgment, and proceed in the action. History of Section.G.L. 1896, ch. 265, § 13; G.L. 1909, […]
§ 34-15-14. Joint or several answers. In actions for partition against several defendants, each of the defendants may answer severally, or any two (2) or more may answer jointly, and in their answers set forth the right or interest which they and each of them have in the estate for the partition of which the […]
§ 34-15-15. Order to set off share of party. In actions for partition, the court may order the share of any plaintiff or of any defendant, or of any two (2) or more of the parties plaintiff and defendant, to be set off to the party or parties, dividing the remainder or leaving it undivided, […]
§ 34-15-16. Order of sale. In an action for partition, the superior court may, in its discretion, upon motion of any party to the action, order the whole premises sought to be divided, or any particular lot, portion, or tract thereof or the interest of the plaintiff or plaintiffs or of the defendant or defendants […]
§ 34-15-17. Sale binding on parties to action. No person interested in the estate and not a party to the action shall be bound by the sale, but the court may, upon motion, proceed to make all persons interested in the estate parties to the action, though nonresident, absent, or unknown, in the manner provided […]
§ 34-15-18. Division of proceeds of sale — Share set aside for absent or unknown parties. In case of a sale under this chapter, the proceeds of the sale shall be divided, under the direction of the court, between the parties entitled thereto, in lieu of their interest in the estate ordered or decreed to […]
§ 34-15-19. Adjudication of all claims. Whenever in any action for partition of real estate it is alleged or it appears that any person claims or may claim any right, title, or interest in the estate adversely or otherwise to any party to the action, the court before whom the action is pending may order […]
§ 34-15-2. Cotenants of estates for life or years. All joint tenants, coparceners, and tenants in common, who now are or hereafter may be actually seised or possessed of any estate for life or years in any lands, tenements, or hereditaments, may be compelled to make the partition between them of such lands, tenements, and […]
§ 34-15-20. Partition of lands of fee holders and of life tenants, reversioners, and remaindermen. Partition may be made of any lands, tenements, or hereditaments between the person or persons who hold the fee of any share or shares thereof, and the person or persons who hold or are or may be entitled to any […]
§ 34-15-21. Title vested by sale — Investment for benefit of reversioner or remainderman. In the event of partition, by sale and division of the proceeds in any partition case under this chapter, the sale shall vest in the purchaser an absolute estate in fee simple in the lands, tenements, or hereditaments so sold, and […]
§ 34-15-22. Apportionment of costs. In an action for partition, the court before which the action may be pending may adjudge and determine, as to it shall appear equitable and just, relative to the apportionment of costs among the parties, plaintiff and defendant, by dividing the costs equally or subjecting either party to the payment […]
§ 34-15-23. Costs as lien on property. In an action for partition, the costs of partition, in such proportion as the court trying the action shall adjudge to be paid by any party or parties to the action, shall be a lien upon the interest of any party or parties in the several shares assigned […]
§ 34-15-24. Appointment of persons to make partition. In actions for partition, after judgment for partition has been entered, the superior court on motion shall appoint and commission one or more discreet, impartial, and disinterested persons to make partition pursuant to such judgment, who shall be sworn to the faithful discharge of their trust. History […]
§ 34-15-25. Partition by persons appointed. The persons so appointed, first giving reasonable notice to the respective parties, shall make partition between them according to their several rights, as ascertained by the judgment of the court ordering the partition. History of Section.G.L. 1896, ch. 265, § 25; G.L. 1909, ch. 330, § 25; G.L. 1923, […]
§ 34-15-26. Notice by commissioners nonresidents and to absent or unknown parties. In case nonresident, absent, or unknown parties or persons are interested in the partition, the court issuing the partition shall order such notice to be given to the parties or persons interested, by the commissioners appointed to make partition, as the court shall […]
§ 34-15-27. Report of commissioners — Judgment — Recording. In an action for partition, the commissioners appointed to make the partition shall report their proceedings, with a plat of the division by them made, to the court by which they have been appointed, and if no sufficient cause is shown for rejecting the report, judgment […]
