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 in the whole premises, or in any particular lot,
portion, or tract thereof, to be sold, either at public auction or by private contract,
under the direction of the court, by the commissioner or commissioners appointed to
divide or sell the same; provided, that if the sale is made by private contract, it
shall not be made for less than the sum fixed by the court in its decree authorizing
the sale by private contract.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1976–2022 · leading case:
Tinney v. Tinney, 770 A.2d 420 (R.I. 2001).
Tinney v. Tinney, 770 A.2d 420 (R.I. 2001).
· cites it 3× “” That complaint filed, pursuant to G.L.1956 § 34-15-16, sought to have a commissioner appointed by the Superior Court to “divide or sell the property and order the immediate sale of the real estate; and, pursuant to R.”
De Bartolo v. Di Battista, 367 A.2d 701 (R.I. 1976).
· cites it 3× “1956 (1969 Reenactment) §34-15-16 1 refers merely to how and not whether partition should be made.”
DeBartolo v. DiBattista, 367 A.2d 701 (R.I. 1976).
· cites it 2× “Bianchini, supra ; § 34-15-16. However, the general rule is that inconvenience or difficulty in making the partition or hardship or substantial loss or injury to some or all of the parties does not affect the right to partition.”
Matracia v. Matracia, 378 A.2d 1388 (R.I. 1977).
“Here the situation presented was that of a single house consisting of separate apartments on the first and second floors located on a single parcel of land.”
DeLisi v. Caito, 463 A.2d 167 (R.I. 1983).
· cites it 2× “1956 (1969 Reenactment) § 34-15-16, which gives the trial justice the broad discretionary power to order a sale.”
Jeranian v. Dermenjian (D.R.I. 2019).
· cites it 7× “” The procedure for partition is set out in R.I. Gen. Laws § 34-15-16: 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…”
Jeranian v. Dermenjian (D.R.I. 2022).
· cites it 5× “Based on the undisputed facts presented by the parties, on December 27, 2019, the Court found partition by sale to be necessary and granted the Jeranian/North motion for partial judgment for partition by sale of the Real Estate under R.I. Gen. Laws § 34-15-16. Jeranian, 2019 WL…”
Baker v. Mitchell, 79 A.3d 844 (R.I. 2013).
· cites it 2× “” G.L. 1956 § 34-15-16. Apparently an order exists that authorizes the commissioner to sell the property for not less than $51,500 but that order did not actually order the sale.”
Jeranian v. Dermenjian (D.R.I. 2019).
“Laws § 34-15-1 and § 34-15-16, et seq., by two (David S. Jeranian, owner of one-half, and Frank North, owner of one-third) of the three possessory owners of a real estate parcel improved by a commercial building located at 1221 Post Road, Warwick, Rhode Island, (the “Real…”
Bissonnette v. Ventura, 02-3437 (2004) (Sup. Ct. R.I. 2004).
“Under G.L. 34-15-16, this Court hereby divides "the interest of the plaintiff," which in effect allows the Court to divide, or "partition," the parties' ownership interests rather than the property itself.”
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treatment. Dots show Syfertize treatment of the citing case itself.