Vt. Stat. Ann. » Title 12 Chapter 179
Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 5161 (2026)

Who may have partition

✓ laws through the 2026 session (checked Sept. 2026)
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(Cite as: 12 V.S.A. § 5161)
Notes of Decisions
Cited in 20 cases (8 in the last 5 years), 1971–2026 · leading case: Karen Wynkoop v. Gerard Stratthaus, 2016 VT 5, 136 A.3d 1180.
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Karen Wynkoop v. Gerard Stratthaus, 2016 VT 5, 136 A.3d 1180. · cites it 24× “Upon termination of their relationship, plaintiff Karen Wynkoop sought a declaratory judgment in Caledonia Superior Court to partition the property under 12 V.S.A. § 5161 and compensation for ouster under 12 V.”
Massey v. Hrostek, 2009 VT 70, 980 A.2d 768. · cites it 3× “” See 12 V.S.A. § 5161. Because, as the commissioners had found, the property could not be physically divided, the court determined that the property should be assigned to Massey.”
Begin v. Benoit, 2006 VT 130, 915 A.2d 786. · cites it 3× “Defendant appeals from the trial court order, claiming that the order went beyond the scope of a partition action under 12 V.S.A. § 5161. We affirm in part and reverse in part.”
Whippie v. O'Connor, 2010 VT 32, 996 A.2d 1154. · cites it 2× “12 V.S.A. § 5161. Defendant also argues that the court erred by failing to recognize a quasi-contract in this case and unjustly enriching plaintiff.”
Stacey Martin v. Christine Lyon, 2024 VT 68, 329 A.3d 184. · cites it 3× “The sisters’ relationship soon deteriorated and in September 2022, plaintiff filed a complaint seeking partition of the property under 12 V.S.A. § 5161. Defendant filed an answer and a counterclaim for partition demanding (1) that plaintiff pay for half of the contributions that…”
Coolidge v. Coolidge, 287 A.2d 566 (Vt. 1971). · cites it 2× “The statute under which this action is brought is 12 V.S.A. § 5161, which provides: “A person having or holding real estate with others, as joint tenants, tenants in common or coparceners, may have partition thereof.”
Duffy v. MacIag, 431 A.2d 1233 (R.I. 1981). “The traditional requirement of an estate in possession is fairly common among current statutes as a prerequisite to compulsory partition.”
Weenolsen v. Kamber, 409 A.2d 577 (Vt. 1979). “Plaintiffs, owners of a one-half interest in commercial property on Church Street in Burlington, brought an action for partition under 12 V.S.A. § 5161 et seq. against defendant, owner of the other half.”
Begin v. Benoit, 2006 VT 130, 915 A.2d 786. · cites it 3× “Defendant appeals from the trial court order, claiming that the order went beyond the scope of a partition action under 12 V.S.A. § 5161. We affirm in part and reverse in part.”
snide v. burkeschoff, No. 734-11-12 wrcv (Vt. Super. Ct. Dec. 29, 2023). · cites it 2× “Volz, commenced this partition action pursuant to 12 V.S.A. §§ 5161, et seq., relative to property in Springfield, Vermont, jointly owned by him and Defendant Crystal Burke-Schoff.”
Bushee v. Bushee, No. 24-cv-3925 (Vt. Super. Ct. Mar. 20, 2025). · cites it 2× “The court held a hearing on March 13, 2025 on the preliminary issue of whether the parcel could be partitioned. Both parties appeared and agreed the parcel was able to be partitioned and the court granted judgment for partition on the record.”
Snide v. Burke-Schoff, No. 734 (Vt. Super. Ct. Sept. 4, 2014). · cites it 2× “Volz, commenced this partition action pursuant to 12 V.S.A. §§ 5161, et seq., relative to property in Springfield, Vermont, jointly owned by him and Defendant Crystal Burke-Schoff.”
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