CHAPTER 919*
PARTITION OR SALE OF REAL OR PERSONAL PROPERTY

      *Necessity of confirmation of sales by court. 98 C. 152.

Table of Contents

Sec. 52-495. Partition of joint and common estates.
Sec. 52-496. Devise of freehold with contingent interest; partition.
Sec. 52-497. Decrees to be recorded in land records.
Sec. 52-498. Sale of land when trust cannot be executed.
Sec. 52-499. Sale of land to promote the interest of beneficiaries.
Sec. 52-500. Sale or equitable distribution of real or personal property owned by two or more persons. Life estate.
Sec. 52-501. Sale of building and land owned by different parties. Disposition of proceeds.
Sec. 52-502. Orders to protect parties and effectuate sale. Sale by committee.
Sec. 52-503. Partition or sale of property when estate in settlement.

      Sec. 52-495. Partition of joint and common estates. Courts having jurisdiction of actions for equitable relief may, upon the complaint of any person interested, order partition of any real property held in joint tenancy, tenancy in common, coparcenary or by tenants in tail. The court may appoint a committee to partition any such property. Any decrees partitioning entailed estates shall bind the parties and all persons who thereafter claim title to the property as heirs of their bodies.

      (1949 Rev., S. 8231; P.A. 82-160, S. 185.)

      History: P.A. 82-160 rephrased the section.

      See Sec. 45a-326 re partition or sale of undivided interest in decedent's estate.

      Partition or sale of lands held in common is a matter of right. 14 C. 360; 43 C. 560; 49 C. 517; 60 C. 379. Application for partition of lands of deceased person, premature when. 43 C. 560. The petitioner must be in possession. 24 C. 233; 78 C. 421. To lose right to partition a cotenant must have been ousted of possession. 133 C. 428. Rule of division follows legal interest of parties, when. 40 C. 280. Jurisdiction to be determined by value of property sought to be aparted or sold. 50 C. 258. Fundamental rule in partition of land stated. 56 C. 545. Object of statute stated. 60 C. 379. Nature of rights of adjoining proprietors in a tree on the dividing line. 65 C. 379; 108 C. 98. Court may order sale under section 52-500 if it believes a sale is better for parties than a partition, even though some of joint owners demand a partition. 98 C. 395. Effect of partition upon passway appurtenant to original tract. 100 C. 633. Partition will not be granted where to do so would involve violation or defeat of a trust. 110 C. 526. Division may be based on equitable interests; 134 C. 179; but no unconscionable enrichment of husband where wife built house on land owned in common. Id., 180. The two modes of relief within the power of the court are partition by division of real estate and partition by sale. 143 C. 218. Cited. 175 C. 463, 470. Cited. 181 C. 533, 535, 536. Cited. 195 C. 368, 382. Cited. 208 C. 318, 325. Cited. 224 C. 219, 221, 224, 225, 227. In a partition action, one joint tenant or tenant in common cannot dispossess another except by partition in kind or partition by sale pursuant to section and Sec. 52-500, and trial court did not have authority to order defendant to execute a quitclaim deed to plaintiff in exchange for the payment of money. 255 C. 47. Partition by physical division and trial court proceedings in partition action discussed. Id.

      Cited. 2 CA 456, 458. Cited. Id., 543, 549. Cited. 5 CA 142, 143. Cited. 7 CA 522, 524, 526. Cited. 10 CA 198, 199. Cited. 17 CA 4, 10. Cited. 20 CA 492-494. Cited. 23 CA 460-464. Section confers authority on Superior Court to order partition and sale upon the complaint of any person interested. 50 CA 132. Trial court may order plaintiff to execute a quitclaim deed to defendant and defendant to pay money damages to plaintiff. 54 CA 444.

      Cited. 4 CS 68; 14 CS 169. Partition of property is matter of right, but partition by sale is matter of discretion. 9 CS 136. A cotenant, no matter what portion of the realty he owns, is entitled to a partition. 13 CS 131. Object of section is to afford each owner of property in joint tenancy a remedy to end such joint ownership. 17 CS 211. Defense of agreement by joint tenants debarring partition not frivolous. 25 CS 119. Cited. 28 CS 187. Defendant wife properly interposed defense to husband plaintiff's action for partition of jointly owned home that she and their children were in possession by agreement pending entry of final judgment in pending divorce action brought by her. Id., 230. Action for divorce and action for partition are equitable actions. Id. Partition requires prior proof of operative unity of possession by plaintiff and defendant. Id., 381. Cited. 29 CS 465.

      Cited. 4 Conn. Cir. Ct. 654.

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      Sec. 52-496. Devise of freehold with contingent interest; partition. When any deceased tenant in common, joint tenant or coparcener of real property has devised any freehold interest in the property to any person, with a contingent interest by way of remainder, substitution or executory devise, to any other person, born or unborn, a proper court of equitable jurisdiction may, on the complaint of any person interested, order partition of the property to be made between the devisee or devisees, the surviving cotenant or cotenants and the person having such contingent interest. The decree shall bind the parties and the person having the contingent interest, his heirs and assigns.

      (1949 Rev., S. 8232; P.A. 82-160, S. 186.)

      History: P.A. 82-160 replaced "estate" with "property" and made minor technical changes.

      Cited. 175 C. 463, 470.

      Cited. 5 CA 142, 143.

      Cited. 29 CS 465.

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      Sec. 52-497. Decrees to be recorded in land records. Each decree for a partition under sections 52-495 and 52-496, together with any actions taken under the decree, shall be recorded in the land records of the town where the real property lies before the decree shall bind any persons, except those who are parties to the complaint and any person having such a contingent interest, if unborn, and his and their heirs.

      (1949 Rev., S. 8233; P.A. 82-160, S. 187.)

      History: P.A. 82-160 replaced "estate" with "real property" and rephrased the section.

      Cited. 5 CA 142, 143.

      Cited. 29 CS 465.

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      Sec. 52-498. Sale of land when trust cannot be executed. (a) If real property is held by a trustee under a trust created by deed or will and, by reason of a change of circumstances or in the condition of the real property since the creation of the trust, the execution of the trust in exact accordance with the terms of the deed or will has become impossible or would fail to secure the objects manifestly intended by the grantor or testator in the deed or will, the superior court for the judicial district in which the real property is situated may, on the complaint of the trustee or any party beneficially interested in the trust, order the sale of the real property, or any part thereof, and the investment of the proceeds, either in other real property or as trust funds generally may be by law invested for the benefit of the party beneficially interested in the trust, in such manner as the court deems the most suitable to secure the objects for which the trust was originally created, as nearly as may be, according to the intent of the original grantor or testator appearing in the original deed or will.

      (b) All parties interested in the real property, by reason of the trust, or as reversioners, shall be made parties to any action brought under this section.

      (1949 Rev., S. 8234; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 188.)

      History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-160 replaced real "estate" with real "property", rephrased the section and inserted Subsec. indicators.

      Cited. 63 C. 135, 136; 120 C. 86; 123 C. 256. Applied in case of church property originally held by trustees, all of whom died without exercising power of appointment of successor; 92 C. 471; so, where church property is no longer in part of city where its use for purposes of worship is feasible; limitations on court's power where donor has inserted express reverter. 98 C. 683, 684; 99 C. 31. Trustee may sell house where person having use of it under testamentary trust renounces provisions of will in lieu of statutory share; 108 C. 264; prerequisites for order of sale. Id., 267. Section contemplates writ and complaint in usual form. 133 C. 11.

      Cited. 5 CA 142, 143.

      Cited. 9 CS 148. Cy pres doctrine in Connecticut has been adopted by statute since 1886. 15 CS 431. Trustees authorized to sell land and building and invest proceeds of trust establishing a girls' high school where due to changed circumstances it was impractical to continue original plan. 18 CS 517. Trustees may sell residential property deteriorated by age and floods and apply the proceeds to erection of a new building to serve original purpose. 20 CS 364. Cited. 29 CS 465. Cited. 31 CS 93, 100.

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      Sec. 52-499. Sale of land to promote the interest of beneficiaries. (a) The Superior Court may, on application of any trustee under a will admitted to probate in this state, order the sale of any real property within this state, devised to or held by the trustee in trust, whenever it will, in the opinion of the court, best promote the interest of the beneficiaries under the trust, upon notice given to all parties in interest, when the sale is not prohibited by the will. The court may make any orders necessary to protect the rights of all parties in interest and to carry the sale into full effect.

      (b) Any application for sale shall be made to the superior court for the judicial district within which the probate district where the will was admitted to probate is situated.

      (c) The court shall order the fund realized from the sale to be invested by the trustee, for the benefit of the parties interested in the trust, in such investments authorized by law to be made by the savings banks of this state as to the court seems advisable.

      (1949 Rev., S. 8235; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 189.)

      History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-160 replaced real "estate" with real "property", rephrased the section and inserted Subsec. indicators.

      Cited. 63 C. 135, 136; 108 C. 265; 120 C. 86; 123 C. 256. See note to section 52-498.

      Cited. 5 CA 142, 143.

      Cited. 29 CS 465. Cited. 31 CS 93, 100.

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      Sec. 52-500. Sale or equitable distribution of real or personal property owned by two or more persons. Life estate. (a) Any court of equitable jurisdiction may, upon the complaint of any person interested, order the sale of any property, real or personal, owned by two or more persons, when, in the opinion of the court, a sale will better promote the interests of the owners. If the court determines that one or more of the persons owning such real or personal property have only a minimal interest in such property and a sale would not promote the interests of the owners, the court may order such equitable distribution of such property, with payment of just compensation to the owners of such minimal interest, as will better promote the interests of the owners.

      (b) The provisions of this section shall extend to and include land owned by two or more persons, when the whole or a part of the land is vested in any person for life with remainder to his heirs, general or special, or, on failure of the heirs, to any other person, whether the land, or any part thereof, is held in trust or otherwise. A conveyance made pursuant to a decree ordering a sale of the land shall vest the title in the purchaser thereof, and shall bind the person entitled to the life estate and his legal heirs and any other person having a remainder interest in the lands. The court issuing the decree shall make such order in relation to the investment of the proceeds of the sale as it deems necessary for the security of all persons having any interest in such land.

      (1949 Rev., S. 8236; P.A. 82-160, S. 190; P.A. 04-93, S. 1.)

      History: P.A. 82-160 replaced "estate" with "property", rephrased the section and inserted Subsec. indicators; P.A. 04-93 amended Subsec. (a) by adding provision re equitable distribution of property with payment of just compensation to owners having minimal interest.

      This section is not unconstitutional. 23 C. 94; 51 C. 61. It does not authorize the sale of mortgaged lands, free of the mortgage, on petition of a cotenant of the equity of redemption. 36 C. 342. No sale can be ordered unless it appears to be for the interest of the parties; if most of them oppose it, it would presumably not be for their interest. 40 C. 474; but see 98 C. 395. If any of them refuse their assent, the case must be a strong one to justify the court in ordering a sale. 39 C. 62. The compulsory sale of one's property without his consent is warranted only in clear cases. 41 C. 12. "Sale will better promote the interests of the owners," held to mean sale rather than a partition. One asking a sale assumes burden of proving a partition impracticable. 49 C. 517; 98 C. 395. Jurisdiction to be determined by value of property sought to be sold. 50 C. 258. Complaint lies only by the owner of the property. 60 C. 379. Cited. 65 C. 379; 123 C. 256; 134 C. 177. Of act in general; unity of possession necessary. 78 C. 420. To lose right to partition a cotenant must have been ousted of possession. 133 C. 428. Court need not find actual division impracticable. 79 C. 277. Judgment is in rem. 89 C. 214. See note to section 45-257a. Holder of recorded, unexpired option to purchase interest of one of several tenants in common is a proper party defendant. 97 C. 517. Sale granted though some of joint owners opposed, and demanded partition. 98 C. 395. Although broad, section 52-495 and this section should be read as not intended to include a sale by partition in lieu of a sale by a trustee empowered to do so. 110 C. 527. Though plaintiff had only equitable title the parties are joint owners within the meaning of the statute. 135 C. 584. The two modes of relief within the power of the court are partition by division of real estate and partition by sale. 143 C. 218. For land title purposes the possibility of a person having issue is never extinct as long as the person lives. 147 C. 34. Ordinarily court accepts claims of parties as to interests held in the property in connection with the distribution of proceeds but here court had to determine whether the owner of a one-half interest was also a lessee. 147 C. 411. Plaintiff by asking for partition shows intent to sever all contractual relationships and therefore cannot now demand compliance with notice provision required by contract. Id. Right to compel partition by sale only available when life tenant holds the estate either in cotenancy or in severalty "with remainders to his heirs ... or, on failure of such heirs, to any other person". 175 C. 463-465, 472-474. Cited. 178 C. 503-505; 181 C. 251, 253; id., 533, 534, 536, 537. Cited. 185 C. 180, 185. Cited. 189 C. 490, 497, 499. Cited. 195 C. 368, 382. Cited. 208 C. 318, 325. In a partition action, one joint tenant or tenant in common cannot dispossess another except by partition in kind or partition by sale pursuant to section and Sec. 52-495, and trial court did not have authority to order defendant to execute a quitclaim deed to plaintiff in exchange for the payment of money. 255 C. 47. Partition by sale and trial court proceedings in partition action discussed. Id.

      Cited. 2 CA 456, 458. Cited. 5 CA 142, 143. Cited. 7 CA 522, 524, 527. Cited. 20 CA 492-494. Cited. 23 CA 460, 463, 464. Section confers authority on Superior Court to order partition and sale upon the complaint of any person interested. 50 CA 132. Trial court may order plaintiff to execute a quitclaim deed to defendant and defendant to pay money damages to plaintiff. 54 CA 444. Where intergenerational transfer of family real property at end of grantor's life, court has discretion to order private or public sale. 65 CA 813.

      Partition by sale is matter of discretion. 9 CS 136. Cited. 13 CS 131; 14 CS 169; id., 386. Wife's special defense to plaintiff husband's partition action of premises alleged to be in possession of both as joint tenants that the parties are separated, divorce action is pending and that by agreement defendant and children are in possession pending entry of final judgment in divorce action is not subject to demurrer. 28 CS 230. Power to order sale of jointly owned property rests on same ground as power to order partition and operative unity of possession must be proved to warrant partition or sale. 28 CS 381. Cited. 29 CS 465. Cited. 42 CS 36, 40.

      Cited. 4 Conn. Cir. Ct. 654.

      Subsec. (a):

      Cited. 224 C. 219, 221, 228, 229.

      Cited. 17 CA 4, 10. Cited. 23 CA 460, 463.

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      Sec. 52-501. Sale of building and land owned by different parties. Disposition of proceeds. (a) The Superior Court may, upon petition of any person interested, order the sale of any building and the land upon which it stands, if the title to the land is in one or more persons and has been acquired under the statute of distribution as ancestral estate of the decedent, and the title to the building, erected by the decedent in his lifetime, is in another person or other persons and has been acquired under the statute of distribution, provided the court shall find that the building has materially added to the value of the property over and above the value of the land alone, and that the respective owners are unable to agree upon the purchase, by one from the other, of the land or building.

      (b) The court may determine the quantity of land that may be sold with the building in order to promote and preserve the respective interests of the owners.

      (c) The court shall, after the sale, determine the value of the land sold, and from the proceeds of the sale there shall be paid to the owner of the land the full value thereof as found by the court. The remainder of the proceeds shall, after the payment of the costs therefrom, be paid to the owner of the building.

      (1949 Rev., S. 8237; P.A. 82-160, S. 191.)

      History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.

      Cited. 5 CA 142, 143.

      Cited. 29 CS 465.

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      Sec. 52-502. Orders to protect parties and effectuate sale. Sale by committee. (a) On any complaint for the sale of real or personal property, the court in which the case is pending may make any order necessary to protect the rights of all parties in interest and to carry the sale into effect.

      (b) On any such complaint, the court may appoint a committee to make the sale, who shall pay into court the proceeds therefrom. The proceeds from the sale, after deducting such reasonable costs and expenses as the court directs, shall be distributed by order of court among all persons interested in the property, in proportion to their interests.

      (c) If the names or residences of any of the parties entitled to share in the fund are unknown to the court and cannot be ascertained, it shall make such order relative to the custody or investment of the share of the unknown parties as it deems reasonable.

      (1949 Rev., S. 8238; P.A. 82-160, S. 192.)

      History: P.A. 82-160 replaced "estate" with "property", rephrased the section and inserted Subsec. indicators.

      Court should distribute fund on equitable principles; sale subject to mortgage. 74 C. 16. Sale where holder of recorded, unexpired option to purchase interest of one joint owner is made codefendant. 97 C. 517. Cited. 134 C. 177; 157 C. 593. Cited. 189 C. 490, 491, 499.

      Cited. 5 CA 142, 143, 145, 146. Cited. 10 CA 198, 199.

      Cited. 14 CS 170; 19 CS 421. Cited. 29 CS 465.

      Subsec. (a):

      Cited. 224 C. 219, 230.

      Cited. 5 CA 142, 146. Cited. 17 CA 4, 10. Cited. 23 CA 129, 135.

      Subsec. (b):

      Cited. 26 CA 149, 150.

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      Sec. 52-503. Partition or sale of property when estate in settlement. No partition, or sale in lieu of partition, may be made of any property, real or personal, belonging wholly to an estate in settlement in any court of probate until the estate is ready for distribution.

      (1949 Rev., S. 8239; P.A. 82-160, S. 193.)

      History: P.A. 82-160 made minor changes in wording.

      Cited. 43 C. 560; 98 C. 397. See note to section 45-257a. Necessity of confirmation of sale by court. 98 C. 152.

      Cited. 5 CA 142, 143. Section is a limitation on partition and sale powers granted to Superior Court and a limitation on Superior Court's otherwise concurrent jurisdiction with Probate Court. 50 CA 132.

      Cited. 4 CS 67. Does not apply where only a portion of the property is "an estate in settlement". 19 CS 421. Cited. 29 CS 465.

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