Partner
Owning property with others can be rewarding, but it also comes with challenges. Disagreements over selling, maintaining, or using the property can create tension, especially when one owner refuses to cooperate. Whether the property is an inherited family home, an investment, or a shared residence, conflicts can arise when co-owners have different goals. When discussions break down, legal action may be the only way to move forward. In Massachusetts, co-owners who cannot agree on the future of a property have the right to seek a court-ordered resolution that allows them to separate their financial interests.
What Is a Partition Action?
A partition action is a legal process that allows co-owners of real estate to divide or sell the property when they cannot agree on its use or disposition. In Massachusetts, co-owners have the right to seek a court-ordered solution if voluntary agreements fail.
There are two primary types of partition actions:
- Partition in kind – The court physically divides the property among the owners. This method works best for large parcels of land but is rarely practical for residential properties.
- Partition by sale – The court orders the sale of the property and distributes the proceeds among the owners based on their ownership percentages.
Partition actions commonly arise in situations such as:
- Siblings inheriting property together but disagreeing on its future
- Former spouses who still own real estate jointly
- Business partners who no longer wish to co-own investment property
When co-owners reach a deadlock, a partition action provides a way to resolve the dispute and separate their financial interests.
When Should You Consider Filing a Partition Action?
A partition action may be necessary when co-owners of a property can’t agree on its sale, use, or financial responsibilities. While joint ownership can work well when everyone is on the same page, disputes can make it impossible to manage the property fairly. You may need to consider legal action if:
- One owner refuses to sell or buy out the others.
- There are conflicts over expenses like property taxes, mortgage payments, or upkeep.
- The relationship between co-owners has deteriorated, making cooperation impossible.
Before filing, it’s worth exploring alternatives. A negotiated buyout, where one owner purchases the other’s share, can be a faster and less costly solution. Mediation may also help resolve disagreements without going to court. However, when no agreement can be reached, a partition action forces a resolution. If you’re stuck in a co-ownership dispute, taking legal steps may be the only way to move forward.
The Partition Action Process in Massachusetts
Filing a partition action in Massachusetts allows a co-owner to ask the court to divide or sell a jointly owned property when the owners cannot reach an agreement. This process involves several legal steps and can take time, depending on the complexity of the case:
- Filing the complaint – One or more co-owners file a lawsuit in the appropriate Massachusetts court, requesting partition.
- Court review – The court evaluates the request to determine whether partition is appropriate.
- Appointment of a commissioner – The court assigns a neutral third party, often an attorney, to oversee the process.
- Decision on division or sale – If the property can’t be physically divided, the court will order a sale.
- Sale of the property – The commissioner may conduct a public auction or a private sale, depending on what is most reasonable.
- Distribution of proceeds – After deducting costs like legal fees and property expenses, the remaining funds are divided among the owners based on their ownership shares.
Because partition actions involve court oversight, co-owners may raise objections or disputes, which can impact the timeline. Understanding the legal process can help set realistic expectations when pursuing this option.
What to Expect and How We Can Help
A partition action can take time and involve legal costs, so it’s important to consider all options before moving forward. Court involvement means the process may not move as quickly as a private sale, and co-owners may challenge aspects of the case, such as their ownership percentage or how the sale is handled. If you’re dealing with a difficult co-owner, it’s best to have legal guidance to protect your financial interests.
At LaFountain & Wollman P.C., we help property owners explore solutions, whether through negotiation, mediation, or legal action. If a partition action is necessary, we will guide you through each step to ensure your rights are protected.
Contact Our Experienced Middlesex County Partition Action Attorneys
Disagreements over jointly owned property don’t have to drag on indefinitely. If you’re facing a co-ownership dispute, a partition action may be the solution. LaFountain & Wollman P.C. can help you explore your options—contact us today for a consultation.