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, when premature. 43 C. 560. 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. When rule of division follows legal interest of parties. 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 Sec. 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; 181 C. 533; 195 C. 368; 208 C. 318; 224 C. 219. 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; partition by physical division and trial court proceedings in partition action discussed. 255 C. 47.
Cited. 2 CA 456; Id., 543; 5 CA 142; 7 CA 522; 10 CA 198; 17 CA 4; 20 CA 492; 23 CA 460. 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. 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. Cited. 14 CS 169. 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; action for divorce and action for partition are equitable actions. Id., 230. 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.
Notes of Decisions
Cited in
33
cases (
1 in the last 5 years), 1964–2024 · leading case:
Fernandes v. Rodriguez, 761 A.2d 1283 (Conn. 2000).
Fernandes v. Rodriguez, 761 A.2d 1283 (Conn. 2000).
· cites it 8× “4 The principal issue in the present case is whether, in a partition action, when terminating the ownership relationship between the parties, a court is limited to rendering a judgment of either a partition in kind or partition by sale of the real property; that is, whether…”
Geib v. McKinney, 617 A.2d 1377 (Conn. 1992).
· cites it 9× “1 *221 The plaintiff commenced two actions pursuant to General Statutes §§ 52-495 and 52-500 (a) to partition both the “Birch Hill” property and the “Richardson” property that were held by the parties to this action as joint tenants with an express right of survivorship.”
Giulietti v. Giulietti, 65 Conn. App. 813 (Conn. App. Ct. 2001).
· cites it 2× ““General Statutes § 52-495 confers an absolute right of partition upon any person holding real property as a tenant in common with others.”
Gallant v. Cavallaro, 717 A.2d 283 (Conn. App. Ct. 1998).
· cites it 9× “General Statutes §§ 52-495 3 and 52-500. 4 The crux of Cavallaro’s argument is that when an estate is in settlement, the Probate Court has sole jurisdiction to order a partition of property within the estate to the exclusion of the Superior Court.”
Delfino v. Vealencis, 436 A.2d 27 (Conn. 1980).
· cites it 4× “On appeal, the defendant claims essentially that the trial court’s conclusion that the parties’ interests would best be served by a partition by sale is *536 not supported by the findings of subordinate facts, and that the court improperly considered certain factors in arriving…”
Claydon v. Finizie, 508 A.2d 845 (Conn. App. Ct. 1986).
· cites it 6× “Because we decide, sua sponte, that the complaint should have been dismissed for lack of subject matter jurisdiction, we do not consider these claims of error.”
Kubish v. Zega, 767 A.2d 148 (Conn. App. Ct. 2001).
· cites it 4× “The counsel for the respective parties agreed on the appointment and membership of the committee.”
LaBow v. Rubin, 897 A.2d 136 (Conn. App. Ct. 2006).
· cites it 2× “Because, pursuant to General Statutes § 52-495, a person is entitled to partition only if he or she is “holding real property as a joint tenant, tenant in common, coparcener or tenant in tail”; Fernandes v.”
Labow v. Labow, 796 A.2d 592 (Conn. App. Ct. 2002).
· cites it 2× “, partition in kind, pursuant to General Statutes § 52-495, or partition by sale, pursuant to General Statutes § 52-500.”
Wilcox v. Willard Shopping Ctr. Assocs., 544 A.2d 1207 (Conn. 1988).
· cites it 2× “General Statutes § 52-495 4 confers an absolute right of partition upon any person holding real property as a tenant in common with others.”
Penfield v. Jarvis, 399 A.2d 1280 (Conn. 1978).
· cites it 2× “Neither the statutory changes since 1720 nor decisions of this court give any indication that this general rule does not still apply today in actions for physical partition pursuant to § 52-495 of the General Statutes. Due to the frequent impraetieality inherent in actual…”
Rice v. Dowling, 581 A.2d 1061 (Conn. App. Ct. 1990).
· cites it 15× “The defendant claims that the court improperly (1) denied the defendant’s request for the appointment of a committee pursuant to General Statutes § 52-495, (2) relied upon speculative testimony of expert witnesses, and (3) concluded that partition by sale would better promote…”
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