§ 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.)
Structure Vermont Statutes
Chapter 179 - Partition of Real Estate
§ 5161. Who may have partition
§ 5163. Complaint and summons; venue
§ 5169. Judgment for plaintiff; commissioners; waiver
§ 5170. When defendant prevails in whole or in part
§ 5171. Notice by commissioners; oath; partition
§ 5173. Recording of report and judgment; effect
§ 5174. Assignment or sale of estate—assignment to party
§ 5178. New partition—when ordered
§ 5181. Fees of commissioners—how fixed and paid
§ 5182. Party’s share sold if he or she does not pay
§ 5184. Purchase by or for commissioners prohibited
§ 5185. Conveyance before service of complaint
§ 5186. Shares set off shall inure to use of owner