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Delfino v. Vealencis

(1980)

Connecticut Supreme Court - 436 A.2d 27, 181 Conn. 533

tl;dr:

A partition by sale is only appropriate when it would better serve the interests of the parties and when a partition in kind is infeasible.

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Facts & HoldingDelfino v. Vealencis case brief facts & holding

Facts:The parties each owned the land in common, the Delfinos...

Holding:The court held that a partition by sale is only...

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Delfino v. Vealencis | Case Brief DeepDive
Majority opinion, author: Arthur H. Healey, J.
Level 1
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The case involves the sale of a property owned by tenants in common, with the plaintiffs owning a 99/144 interest and the defendant owning a 45/144 interest. The trial court ordered the property to be sold at auction by a committee, with the proceeds to be distributed to the parties, as a partition in kind would cause "material injury" to the parties' respective rights. The defendant appealed, claiming that the court erred in its conclusion and by failing to include a paragraph of her draft findings in its final findings of fact. The court may order a sale if it is in the best interest of the owners, even though courts generally favor a partition in kind over a partition by sale. The defendant argues that the trial court erred in ordering a judicial sale because a physical partition of the property is feasible. The court must first consider the feasibility of physically partitioning the property before ordering a sale.

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