Owning property with others can be rewarding, but it also comes with challenges. When co-owners disagree on how to use, manage, or sell a property, tensions can rise quickly. In some cases, one owner may want to sell while another refuses, leaving everyone stuck in a frustrating situation. Fortunately, Massachusetts law provides a way to resolve these disputes. A petition to partition allows co-owners to divide or sell a shared property through a legal process. Whether you’re dealing with an inherited home, a former marital property, or a business investment, taking legal action can help you move forward.
What Is a Petition to Partition?
A petition to partition is a legal action that allows co-owners of real estate to request a court-ordered division or sale of the property. In Massachusetts, this process applies to residential, commercial, and inherited properties when owners cannot agree on what to do with the asset. If the property can be physically divided, the court may order a partition in kind. If that’s not practical, the court will order a sale, known as a partition by sale, and distribute the proceeds among the owners. This process ensures that each owner receives their fair share, even if disagreements exist.
Who Can File a Petition to Partition?
Any co-owner of a property in Massachusetts has the legal right to file a petition to partition. This applies to various ownership situations, including:
- Inherited property – Siblings or relatives who jointly own a home but disagree on keeping or selling it.
- Divorced or separated couples – Former partners still listed as co-owners who need to divide the asset.
- Business partners – Individuals who jointly purchased investment property but now want to dissolve their shared interest.
Even if one owner opposes the sale or division, the court can still order a fair resolution through the petition process.
The Petition to Partition Process in Massachusetts
Filing a petition to partition involves several legal steps, each designed to ensure a fair resolution for all co-owners. The process typically follows this sequence:
- Filing the Petition – One or more co-owners file a petition with the Massachusetts Land Court or Probate and Family Court in the county where the property is located.
- Court Review – The court examines ownership interests and determines whether the property should be divided or sold.
- Appointment of a Commissioner – If the court orders a sale, it appoints a commissioner to oversee the process.
- Valuation and Sale – The commissioner may order an appraisal, list the property for sale, and manage offers.
- Distribution of Proceeds – After the sale, proceeds are divided based on ownership shares, factoring in expenses such as taxes or maintenance costs.
Throughout this process, disputes over property value, expenses, or ownership shares may require additional court hearings to reach a final decision.
Challenges and Disputes in a Petition to Partition
Co-owners often disagree on key aspects of a partition case, which can lead to delays and additional court involvement. Common disputes include:
- Whether to divide or sell the property – One owner may want to keep the property, while another prefers to sell.
- Property valuation – Owners may not agree on the fair market value or acceptable sale price.
- Division of expenses – Questions arise about who should pay for past taxes, maintenance, or improvements.
If co-owners cannot reach an agreement, the court will make the final decision, ensuring a legally binding resolution for all parties.
Contact Our Experienced Middlesex County Partition Action Attorneys
At LaFountain & Wollman P.C., we understand how stressful property disputes can be. Whether you want to sell, retain ownership, or negotiate a fair outcome, we will guide you through every step of the petition to partition process. Our team will protect your interests, handle court proceedings, and work toward a resolution that meets your needs. Contact us today to discuss your situation and find the best way forward.