Newbold v. Donaldson

Summary

The Vermont Superior Court grants Maisie Newbold’s motion for default judgment in a partition action involving jointly owned residential property. The court authorizes Newbold to place the property on the market after 45 days, subject to proving that the sale price reflects fair market value and that the sale was commercially reasonable. The court denies without prejudice her additional requests for authority to sign documents on Donaldson’s behalf, possession, and fees and costs.

Holdings

1. A joint owner is entitled to seek partition, and partition is appropriate where the owner does not wish to remain a co-owner and the property cannot be divided between the co-owners.
2. Partition in kind is preferred, assignment to one co-owner is next preferred, and sale is authorized when the property cannot be divided and no party will take an assignment.
3. In a defaulted partition action, the court may waive the use of commissioners and authorize the property to be placed on the open market for sale when that procedure is reasonable under the circumstances.
4. Newbold was not entitled at this stage to authority to sign sale documents for Donaldson, possession of the property, or an award of fees and costs; those requests were denied without prejudice.

Questions Presented

1. Whether a joint owner who has established that jointly owned residential property cannot be divided may obtain partition.
2. Whether, in the absence of an assignment to one co-owner and after the defendant's default, the court may waive commissioners and authorize an open-market sale of the property.
3. Whether Newbold was entitled at this stage to authority to execute sale documents for Donaldson, possession of the property, and attorney fees and costs.

Disposition

other