Title 52 — Title 52: Civil Actions

Sec. 52-491. Complaint in the nature of quo warranto. When any person or corporation usurps the exercise of any office, franchise or jurisdiction, the Superior Court may proceed, on a complaint in the nature of a quo warranto, to punish such person or corporation for such usurpat…

Sec. 52-492. Quo warranto; costs to prevailing party; bond. When a complaint in the nature of a quo warranto is brought, the court shall award costs to the prevailing party against the other party as in other civil cases. The party who brings the complaint shall in all cases give…

Sec. 52-493. Order in the nature of prerogative writs. Any court having cognizance of writs of habeas corpus, mandamus, quo warranto, prohibition or ne exeat may, in any action pending before it, make any order, interlocutory or final, in the nature of any such writ, to the exten…

Sec. 52-494. Notice of rules and writs. All notices of rules and writs issued under the provisions of this chapter shall be directed to a proper officer and served by leaving a true and attested copy with the defendant at such time as the court or judge directs; and such court or…

Sec. 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 c…

Sec. 52-496. Devise of freehold with contingent interest; partition. When any deceased tenant in common, joint tenant or coparcener of real property has devised any freehold interest in the property to any person, with a contingent interest by way of remainder, substitution or ex…

Sec. 52-497. Decrees to be recorded in land records. Each decree for a partition under sections 52-495 and 52-496, together with any actions taken under the decree, shall be recorded in the land records of the town where the real property lies before the decree shall bind any per…

Sec. 52-498. Sale of land when trust cannot be executed. (a) If real property is held by a trustee under a trust created by deed or will and, by reason of a change of circumstances or in the condition of the real property since the creation of the trust, the execution of the trus…

Sec. 52-499. Sale of land to promote the interest of beneficiaries. (a) The Superior Court may, on application of any trustee under a will admitted to probate in this state, order the sale of any real property within this state, devised to or held by the trustee in trust, wheneve…

Sec. 52-500. Sale or equitable distribution of real or personal property owned by two or more persons. Life estate. (a) Any court of equitable jurisdiction may, upon the complaint of any person interested, order the sale of any property, real or personal, owned by two or more per…

Sec. 52-501. Sale of building and land owned by different parties. Disposition of proceeds. (a) The Superior Court may, upon petition of any person interested, order the sale of any building and the land upon which it stands, if the title to the land is in one or more persons and…

Sec. 52-502. Orders to protect parties and effectuate sale. Sale by committee. (a) On any complaint for the sale of real or personal property, the court in which the case is pending may make any order necessary to protect the rights of all parties in interest and to carry the sal…

Sec. 52-503. Partition or sale of property when estate in settlement. No partition, or sale in lieu of partition, may be made of any property, real or personal, belonging wholly to an estate in settlement in any court of probate until the estate is ready for distribution. (1949 R…

Secs. 52-503a to 52-503e. Reserved for future use.

Sec. 52-503f. Short title: Uniform Partition of Heirs' Property Act. Sections 52-503f to 52-503r, inclusive, may be cited as the “Uniform Partition of Heirs' Property Act”. (P.A. 15-234, S. 1.)

Sec. 52-503g. Definitions. As used in this section and sections 52-503h to 52-503r, inclusive: (1) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual; (2) “Collateral” means an individual who is relat…

Sec. 52-503h. Applicability of provisions. (a) The provisions of sections 52-503f to 52-503r, inclusive, apply to partition actions filed on or after October 1, 2015. (b) In an action to partition real property under section 45a-326 or 52-495, as applicable, the court shall deter…

Sec. 52-503i. Service. Notice by posting. (a) The provisions of sections 52-503f to 52-503r, inclusive, do not limit or affect the method by which service of a complaint in a partition action may be made. (b) If the plaintiff in a partition action seeks an order of notice by publ…

Sec. 52-503j. Committee members. If the court appoints a committee pursuant to section 52-495, each committee member shall be disinterested and impartial and not a party to or a participant in the action. (P.A. 15-234, S. 5.)

Sec. 52-503k. Determination of value. (a) Except as provided in subsections (b) and (c) of this section, if the court determines that the property that is the subject of a partition action is heirs' property, the court shall determine the fair market value of the property by orde…

Sec. 52-503l. Cotenant buyout. (a) If any cotenant requested partition by sale, after the determination of value under section 52-503k, the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the…

Sec. 52-503m. Partition alternatives. (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to section 52-503l, or if after conclusion of the buyout under section 52-503l, a cotenant remains that has requested par…

Sec. 52-503n. Considerations for partition in kind. (a) In determining under subsection (a) of section 52-503m whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider the following: (1) Whether the heirs' property practic…

Sec. 52-503o. Open-market sale. Sealed bids. Auction. (a) If the court orders a sale of heirs' property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the c…

Sec. 52-503p. Report of open-market sale. (a) A real estate broker appointed under subsection (b) of section 52-503o to offer heirs' property for open-market sale shall file a report with the court not later than seven days after the date of receiving an offer to purchase the pro…

Sec. 52-503q. Uniformity of application and construction. In applying and construing the provisions of sections 52-503f to 52-503r, inclusive, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact such…

Sec. 52-503r. Relation to Electronic Signatures in Global and National Commerce Act. The provisions of sections 52-503f to 52-503q, inclusive, modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 USC Section 7001 et seq., but do not modify…

Sec. 52-504. Application for receiver; orders of judge. When any action is brought to or pending in the superior court in which an application is made for the appointment of a receiver, any judge of the superior court, when such court is not in session, after due notice given, ma…

Sec. 52-505. Receivers for certain associations, communities or corporations. (a) If in any town, any association, community or corporation organized in whole or in part for the support of its members, has property upon which its members, in whole or in part, are dependent for su…

Sec. 52-506. Receiver to give bond. All receivers, before assuming to act as such, shall file with the clerk of the court by which, or by a judge of which, they were appointed, a bond with such surety or sureties, and for such an amount as such court or judge may order and approv…

Sec. 52-507. Authority of receiver of corporation. (a) Receivers of a corporation, appointed by judicial authority, shall have the following rights and powers: (1) The right to the possession of all the corporation's books, papers and property; (2) the power in their own names, o…

Sec. 52-508. Receiver to file semiannual statements. Each such receiver shall, during the first week in April and in October in each year, sign, swear to and file with the clerk of the court by which he was appointed a full and detailed account of his actions as receiver for the …

Sec. 52-509. Appointment of receiver of partnership. (a) When any partnership is dissolved and the partners cannot agree upon the disposition of the partnership property and the settlement of the affairs of the partnership, any of them may apply to the superior court for the judi…

Sec. 52-510. Power of court over partnership property. The Superior Court, and when court is not in session any judge thereof, may make such orders relative to the management or closing up of the business of such partnership, and to the sale, division or other disposal of its rea…

Sec. 52-511. Receiver entitled to control of partnership property. Upon the appointment of a receiver for a partnership, he shall be entitled to the immediate possession and control of all its property, both real and personal, subject to the order of the Superior Court; but any s…

Sec. 52-512. Preference in receivership proceedings to claims for wages and deposits for consumer goods and services. (a) Every debt due to any laborer or mechanic for personal wages, from any corporation or partnership for which a receiver is appointed, for any labor performed f…

Sec. 52-513. Court may remove receiver at pleasure and fill vacancy. Receivers may be removed at any time, at the pleasure of the court by which they were appointed or, if such court is not in session, by a judge thereof; and, if any receiver is removed or declines to act or dies…

Sec. 52-514. Receivership; dissolution of attachment and levy of execution; costs. (a) The commencement of proceedings for the appointment of a receiver of a corporation or a partnership shall dissolve all attachments and all levies of executions not completed, made within the pr…

Sec. 52-515. When action of replevin maintainable. The action of replevin may be maintained to recover any goods or chattels in which the plaintiff has a general or special property interest with a right to immediate possession and which are wrongfully detained from him in any ma…

Sec. 52-516. Commencement of action of replevin. Prejudgment remedy. (a) An action of replevin shall be commenced by a writ of summons or attachment, describing the parties, the court to which it is returnable and the time and place of appearance. The writ shall be signed as in o…

Sec. 52-517. Replevin for property attached. When any property is held by an officer by virtue of a writ of attachment, any person other than the defendant having a general or special property interest therein with a right to the immediate possession thereof, and, when the proper…

Sec. 52-518. Replevin writ; affidavit as to value of goods and recognizance required. A writ of replevin shall not be issued: (1) Until the plaintiff, or some other credible person, subscribes an affidavit annexed to the writ stating the true and just value of the goods which it …

Sec. 52-519. Form of writ, affidavit and bond. The writ in an action of replevin, and the accompanying affidavit and recognizance, may be in the following form: To any proper officer: By authority of the state of Connecticut, you are hereby commanded, without delay, to cause to b…

Sec. 52-520. Determination of jurisdiction of court. Section 52-520 is repealed. (1949 Rev., S. 8256; P.A. 76-436, S. 670, 681.)

Sec. 52-521. Replevin; service; new bond; voiding of process. (a) The officer who replevies property shall leave a true and attested copy of the process with the defendant, or at his usual place of abode, within three days after the replevy, and shall retain the property replevie…

Sec. 52-522. Pleadings. In an action of replevin, no cause of action, except of replevin or for a conversion of the goods described in the writ of replevin, may be stated. The pleadings in such action shall conform to the requirements of pleadings in civil actions so far as such …

Sec. 52-523. Complaint. If the complaint in an action of replevin contains a sufficient statement of the plaintiff's title and right of possession, a general allegation that the defendant wrongfully took the goods shall be sufficient without setting forth the facts showing that t…

Sec. 52-524. Defenses. All defenses to an action of replevin, other than those to the jurisdiction or in abatement, including avowry, alleging the defendant's right to take and hold the goods, and disclaimer, renouncing any interest in the goods, shall be made by answer or demurr…

Sec. 52-525. Statement of title. (a) An allegation by either party that the party pleading or a third person was, at the time when the action of replevin was commenced, or at the time the goods were replevied, the owner of the goods, or that they were then his property, is a suff…

Sec. 52-526. Judgment. No judgment for a return of the goods or for damages may be given to a defendant under a mere denial of the acts complained of, nor may a judgment of return be rendered in favor of a defendant who has either filed a disclaimer of interest in the goods or no…