Vermont Statutes Annotated
Vt. Stat. Ann. tit. 12, § 5169 (2026)
Judgment for plaintiff; commissioners; waiver
✓ current as of May 2026
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(Cite as: 12 V.S.A. § 5169)
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§ 5169. Judgment for plaintiff; commissioners; waiver
(a) When the issue is determined in favor of the plaintiff, or if the person interested defaults, the court shall render judgment that partition be made and appoint three disinterested residents of the county as commissioners. The commissioners shall make partition of the estate and set off each share of the several persons interested, according to their respective titles, and shall award to the plaintiff reasonable costs against the adverse party.
(b) Notwithstanding subsection (a) of this section, the parties may, with the approval of the court, waive the use of commissioners and have all matters decided by the court at a bench trial. (Amended 1971, No. 185 (Adj. Sess.), § 150, eff. March 29, 1972; 2019, No. 40, § 2.)
Notes of Decisions
Cited in 20
cases (8 in the last 5 years), 1965–2026 · leading case: Karen Wynkoop v. Gerard Stratthaus, 2016 VT 5 (Vt. 2016).
Karen Wynkoop v. Gerard Stratthaus, 2016 VT 5 (Vt. 2016). “9 Neither party seeks actual partition of the leased property under 12 V.S.A. § 5169. As an alternative, the statutes allow assignment of the lease to one of the parties “provided he pays to the other party such sum of money, at such times and in such manner as the commissioners…”
Massey v. Hrostek, 2009 VT 70 (Vt. 2009). “” See 12 V.S.A. § 5169 (when the court finds that the parties both have ownership interests in the property, “the court shall render judgment that partition be made and appoint three disinterested residents of the county as commissioners”).”
Stacey Martin v. Christine Lyon, 2024 VT 68 (Vt. 2024). “§ 5174; see 12 V.S.A. § 5169(b) (providing that parties may waive the use of commissioners and have the court decide the issues in a bench trial).”
Lindquist v. Adams, 811 A.2d 173 (Vt. 2002). “The court appointed three commissioners pursuant to 12 V.S.A § 5169, two of whom were selected by Lindquist and Adams, with the third selected by the two commissioners selected by the parties.”
Malletts Bay Homeowners'ass'n, Inc. v. Mongeon Bay Props., LLC, 2008 VT 62 (Vt. 2008). “The order of reference given to the commissioners, the proceedings held by them, the reports they issue, and the action of the superior court on the report are governed by Vermont Rule of Civil Procedure 53.”
Beverly Newton Wells v. Pall Spera, 2023 VT 18 (Vt. 2023). “If the property cannot be divided without great inconvenience, the “court may order it assigned to one of the parties, provided he or she pays to the other party such sum of money, at such times and in such manner as the commissioners judge equitable.”
Taran v. Vermont Structural Slate Co., 431 A.2d 448 (Vt. 1981). “Pursuant to 12 V.S.A. § 5169, the petition was referred to three commissioners.”
Elodia B. v. Messier, 438 A.2d 397 (Vt. 1981). “12 V.S.A. § 5169. Once judgment is entered that partition be made the court must appoint three disinterested residents of the county where the property lies as commissioners.”
Simeon Bruner v. Bradford Gee & Town of Chittenden, 2023 VT 49 (Vt. 2023). “The parties waived appointment of commissioners pursuant to 12 V.S.A. § 5169. In January 2022, the court held a bench trial on the partition claim.”
Coolidge v. Coolidge, 287 A.2d 566 (Vt. 1971). “The matter has proceeded to the point of a judgment ordering partition, but the division proceedings provided for in 12 V.S.A. § 5169 have not yet been ordered.”
Albanese v. Condit, 450 A.2d 1141 (Vt. 1982). “12 V.S.A. § 5169. Hearings were held in the matter on October 26, 1979, and on March 7, 1980, and the commission reported its findings and conclusions to the court on August 14, 1980, which were adopted by the court over the defendant’s objection on July 21, 1981.”
Geis v. Vallazza, 207 A.2d 248 (Vt. 1965). “to appear, the chancellor adopted some of the procedural steps contained in the above chapter, entered a judgment of partition, and appointed three commissioners pursuant to the provisions of 12 V.S.A. §5169, et seq.' By the order the chancellor directed that partition be made…”
Vt. Stat. Ann. tit. 12, § 5169(a): 2 cases
Beverly Newton Wells v. Pall Spera, 2023 VT 18 (Vt. 2023). “If the property cannot be divided without great inconvenience, the “court may order it assigned to one of the parties, provided he or she pays to the other party such sum of money, at such times and in such manner as the commissioners judge equitable.”
Newbold v. Donaldson (Vt. Super. Ct. 2026).
Vt. Stat. Ann. tit. 12, § 5169(b): 3 cases
Stacey Martin v. Christine Lyon, 2024 VT 68 (Vt. 2024). “§ 5174; see 12 V.S.A. § 5169(b) (providing that parties may waive the use of commissioners and have the court decide the issues in a bench trial).”
Bushee v. Bushee (Vt. Super. Ct. 2025).
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