Partner
Yes, in many cases, a co-owner can force the sale of jointly owned property in Massachusetts by filing a partition action. If the owners cannot agree on what to do with the property, the court can end the shared ownership through a physical division, a buyout, or a sale.
Massachusetts partition law gives many property owners the right to end co-ownership even when another owner wants to keep the property. However, whether a sale will actually occur depends on how the property is owned and whether it can reasonably be divided.
What Is a Partition Action in Massachusetts?
A partition action is a court proceeding used to end shared ownership of real estate. Under Massachusetts General Laws Chapter 241, a person who owns a qualifying undivided legal interest in real property generally has a right to seek partition.
Partition is commonly available when property is held as:
- Tenants in common, where each owner holds a separate ownership interest
- Joint tenants, where the owners share an interest with rights of survivorship
Tenants by the entirety, a form of ownership generally used by married couples, cannot seek partition under Chapter 241 while that form of ownership remains in place.
A partition case may be filed in Massachusetts Land Court or Probate and Family Court.
Does a Co-Owner Need the Other Owners’ Permission to Seek Partition?
No. One co-owner generally does not need the consent of the others to file a partition action. This is what makes partition an important option when owners reach a stalemate over whether to keep or sell real estate.
For example, disputes may arise after siblings inherit a family home together. One sibling may want to sell while another wants to continue living there. Similar disagreements can occur between unmarried couples, relatives, or investors who purchased property together.
The co-owner seeking partition can still pursue the case even if the other owners oppose ending the shared ownership.
Will the Court Always Order the Property Sold?
Not necessarily. Massachusetts law favors physically dividing the property when it can be done without economic loss. For some undeveloped or larger parcels, dividing the land into separately owned lots may be practical.
For a single-family home or another property that cannot reasonably be divided, however, a sale may be the more realistic outcome. Under Chapter 241, Section 31, a court can order property sold when it cannot be advantageously divided. Depending on the circumstances, the sale may occur through a public auction or a court-approved private sale.
Another possibility is a set-off, commonly described as a buyout. One or more co-owners can purchase the interests of those who want to leave the ownership arrangement. This may allow an owner to keep the property rather than have it sold to someone else.
How Are the Proceeds From a Partition Sale Divided?
The proceeds are not necessarily divided immediately according to the percentages listed on the deed. Before distributing the remaining funds, expenses associated with the sale and partition proceeding are generally paid, along with applicable liens such as a mortgage.
Disputes may also arise over contributions made by individual owners. For example, the court may consider whether one co-owner paid more than their share toward property taxes, mortgage payments, or improvements that increased the property’s value. These issues can affect the final amount each owner receives.
Can You Avoid a Court-Ordered Sale?
Often, the owners can resolve the dispute without completing a contested partition case. They might agree to a voluntary sale, negotiate a buyout, or use mediation to reach another arrangement.
Reaching an agreement can give the owners more control over the timing, sale process, and financial terms. The Massachusetts Land Court encourages co-owners to explore an agreed resolution, and court-connected alternative dispute resolution options may also be available.
When Co-Ownership Is No Longer Working, Know Your Options
A disagreement over jointly owned real estate can have significant financial consequences, particularly when one owner wants to sell and another wants to keep the property. Before filing or responding to a partition action, it is important to determine your ownership rights, evaluate potential alternatives, and understand how a sale could affect your interest.
At LaFountain & Wollman, P.C., we help Massachusetts property owners address real estate disputes and evaluate their legal options. Contact us today to discuss a co-ownership dispute and determine the appropriate next steps for your property.