Vt. Stat. Ann. » Title 12 Chapter 179

Vt. Stat. Ann. tit. 12, § 5174

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(Cite as: 12 V.S.A. § 5174)
Notes of Decisions
Cited in 19 cases (10 in the last 5 years), 1965–2026 · leading case: Wilk v. Wilk
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Wilk v. Wilk (2002) vt · cites it 2× “12 V.S.A. § 5174. The only exception, or limitation, to this statutory power is found in § 5175, which provides, “[i]n case one of the parties interested will not take such assignment and pay such sum, the court shall order the commissioners to sell such estate at public or…”
Ark Land Co. v. Harper (2004) wva · cites it 2× “§ 78-39-12 (Lexis 2002); Vt. Stat. Ann. tit. 12, § 5174 (Lexis 2002); Va.”
Stacey Martin v. Christine Lyon (2024) vt · cites it 2× “Defendant filed an answer and a counterclaim for partition demanding (1) that plaintiff pay for half of the contributions that defendant made to the property from February 2019 to August 2019 and October 2020 to the time of filing, and (2) that the property be assigned to…”
Nystrom and Nystrom v. Hafford (2012) vt “See 12 V.S.A. § 5174 (allowing for assignment of real estate in partition action provided that assignee pays other party his or her equitable share).”
Beverly Newton Wells v. Pall Spera (2023) vt · cites it 2× “The statute providing courts with the power to order assignment, 12 V.S.A. § 5174, “gives the trial court as many options as possible to achieve equity between the parties, including an expansive power to assign property to one of the co-tenants.”
Simeon Bruner v. Bradford Gee & Town of Chittenden (2023) vt · cites it 3× “On appeal, a three-Justice panel of this Court reversed the trial court’s decision because it had ordered partition by assignment without first finding that the property could not be divided without great inconvenience to the parties, as required by 12 V.S.A. § 5174. Bruner v.…”
Malletts Bay Homeowners'ass'n, Inc. v. Mongeon Bay Properties, LLC (2008) vt “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. The order referring the matter to the commissioners for partition was…”
Taran v. Vermont Structural Slate Co. (1981) vt “12 V.S.A. § 5174. Blanchard v. Cross, supra.”
Weenolsen v. Kamber (1979) vt “The majority opinion in that case held partition to be equitable in nature, and interpreted what are now 12 V.S.A. §§ 5174 and 5175 to require public sale, with appropriate division of net proceeds, as the only feasible alternative where each party seeks to acquire the interest…”
Geis v. Vallazza (1965) vt “The com *459 missioners were therein ordered and instructed to assign the real estate to one of the parties to this action, provided he or she pays to the other party such sum of money and at such time and in such manner as the commissioners judge equitable, all pursuant to 12…”
James Needham v. Roxanne O. Smith Trust 9/15/19 Madelynn Cassin, Trustee (2025) vt “§ 5174 (“When it appears that the real estate, or a portion thereof, cannot be divided without great inconvenience to the parties interested, 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 time and in…”
Simeon Bruner v. Bradford Gee & Town of Chittenden (2022) vt · cites it 2× “158 (citing 12 V.S.A. §§ 5174- 5175). Partition in-kind is presumed to be the appropriate remedy, and “[o]nly if the property cannot be physically divided conveniently may the court then consider the option of assigning the property to one of the parties in exchange for an…”
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