When two or more parties can no longer amicably work together to own and maintain a piece of real estate, a petition to partition can provide an avenue to resolve ongoing disputes efficiently. Partitions involve splitting up ownership interests so parties can walk away with a piece of the property, buying out parties who no longer wish to hold ownership interests, or forcing a property sale. Because a partition action can irrevocably alter your property interests, you can best protect your rights by working with an experienced real estate attorney from LaFountain & Wollman P.C. who can help you understand your legal options and advocate for your wishes and preferences. Contact us today to discuss your circumstances in an initial consultation.
Understanding Partition Actions
A partition action allows a co-owner of a parcel of real estate to divide ownership interests in the property or, more frequently, to force a sale of the property. A party may file a petition to partition when they no longer wish to jointly own a parcel of property with other parties or when they disagree over the use or continued ownership of the property.
Parties may seek various types of partition actions. Some of the most common forms of partition action include:
- Partition in Kind – In a partition-in-kind action, the court physically divides real estate among the co-owners of a larger parcel. One of the more common circumstances under which parties may seek a partition-in-kind includes subdividing a large family estate on which various family members reside in separate residences. The partition-in-kind gives each family member a separate parcel from the estate.
- Partition by Sale – A party may petition for a partition by sale when they wish to force a sale of the property, usually when their co-owner(s) do not wish to sell the property or buy out the party petitioning for partition.
- Set-Off – In a partition involving a set-off, one or more co-owners buy out one or more parties holding an ownership interest in the property who no longer wish to own their interest.
Common Issues in Partition Actions
Partition cases can involve various issues and challenges for property owners, including:
- Disagreements Between Co-Owners – Co-owners can get into disputes at the outset of a partition action over the type of action to pursue, such as a partition in kind or partition by sale.
- Unequal Ownership Interests – When co-owners have unequal ownership shares, it can lead to vigorous legal disputes between owners, especially when majority owners feel their wishes should take preference.
- Reimbursement for Financial Contributions or Property Improvements – One or more co-owners may seek reimbursement or a greater share of sale proceeds based on alleged financial contributions (including larger payments towards down payments or mortgage payments) or property improvements they’ve made for the property.
- Debts or Liens on the Property – In a partition action, parties must resolve outstanding debts or liens on the property, such as mortgages or real estate taxes. Although a partition by sale typically resolves debts or liens by paying outstanding balances from the sale proceeds, parties may have more intense disputes when pursuing a partition in kind or a set-off.
When You Might Need to Pursue a Partition Action
You might seek a court order directing the partition of a property you co-own for several reasons. One of the most frequent reasons for partition actions is irreconcilable differences among co-owners regarding maintenance, finances, or continued ownership of the property. Co-owners who reach an impasse over decisions regarding the property may pursue a partition. A party may also seek a partition when their co-owners refuse to contribute finances or sweat equity towards the maintenance of the property, and the party seeking petition cannot afford the total cost. A party may also seek a partition to maximize the property’s value when co-owners refuse to contribute to upkeep, and one party cannot bear the burden of maintenance alone.
How to Defend Against a Partition
When a co-owner seeks to buy you out of a property or force a sale of the property when you want to keep it, you may have to defend against a partition action. Typical strategies for defending against a petition for partition include:
- Arguing Against the Need for Partition – In most cases, a party seeking partition must prove to the court that the owners can no longer practically co-own the property. An owner may argue against a partition by showing that the owners do not have a current impasse warranting a partition.
- Buying Out Co-Owners – When a co-owner seeks a partition by sale, but you want to keep the property, you may argue for a set-off instead of a partition by sale to buy out the party or parties seeking to liquidate their interests.
- Equitable Defenses – A co-owner may argue against a partition by proving that the court cannot fairly divide a property among its owners.
How Can a Lawyer Help You in a Partition Action
An attorney from LaFountain & Wollman P.C. can guide you through the partition process in Massachusetts to protect your rights and interests by:
- Reviewing the facts of your case, including property records, tax bills, financial documents, and written communications, to understand your legal rights and options
- Evaluating the best path to pursue your preferred outcome in your case
- Preparing you for what to expect at each stage of the partition process
- Vigorously advocating for your interests at the negotiating table
- Presenting a compelling case on your behalf in court if your co-owner(s) won’t agree to a fair settlement of the dispute
Contact LaFountain & Wollman P.C. Today to Discuss Your Legal Options
If you’ve reached an impasse with your co-owners regarding what to do with a property, a partition sale can help you resolve your disputes. Contact LaFountain & Wollman P.C. for an initial consultation with an experienced real estate attorney to learn more about the partition process in Massachusetts and determine whether seeking a partition represents the best option for your interests.