2012 Connecticut General Statutes
Title 52 - Civil Actions
Chapter 919 - Partition or Sale of Real or Personal Property
Section 52-495 - Partition of joint and common estates.
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.
Cited. 2 CA 456; Id., 543. Cited. 5 CA 142. Cited. 7 CA 522. Cited. 10 CA 198. Cited. 17 CA 4. Cited. 20 CA 492. Cited. 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. Id., 230. Action for divorce and action for partition are equitable actions. Id. 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.
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