Partner
Owning property with others can be rewarding, but it can also lead to disagreements. When co-owners don’t see eye to eye on what to do with a property, it can create tension and uncertainty. Some may want to sell, while others prefer to keep the property or develop it differently. In these situations, a partition action may provide a solution. Whether the property was inherited, purchased together, or acquired through a business venture, co-owners have legal options when their goals no longer align. Understanding how partition works can help you take the next step toward resolving the situation.
What Does It Mean to Partition Property?
Partition is the legal process of dividing or selling property owned by multiple people when they can’t agree on its future. In Massachusetts, co-owners have the right to seek a partition if one or more parties no longer wish to share ownership. There are two main types: partition in kind, which physically divides the property, and partition by sale, where the court orders a sale and distributes the proceeds among the owners.
Partition in kind is more common for vacant land that can be split fairly. However, when division isn’t practical—such as with a house or commercial building—the court typically orders a sale. While partition provides a legal resolution, it can be complex, especially if co-owners dispute the property’s value or division. Understanding your rights can help you decide the best course of action.
Types of Property That Can Be Partitioned
Partition applies to many types of jointly owned real estate, but the process depends on the property’s characteristics and how it’s used. Some properties can be physically divided, while others must be sold, and the proceeds can be split among the owners.
Residential Property
Homes owned by multiple individuals, such as inherited houses or jointly purchased investment properties, can be subject to partition. If co-owners disagree on whether to sell or keep the property, the court may order a sale and divide the proceeds.
Commercial Property
Office buildings, retail spaces, and rental units with multiple owners can also be partitioned. If co-owners can’t agree on management, leasing, or selling the property, partition by sale may be the only option.
Vacant Land
Large tracts of undeveloped land are often easier to divide physically. If a fair division isn’t possible, the court may order a sale instead.
What Cannot Be Partitioned?
While many types of real estate can be partitioned, some properties cannot be divided due to legal restrictions or ownership structures. In these cases, co-owners must explore alternative solutions.
- Condominiums and cooperatives – Individual units in a condo or co-op are owned under a governing agreement that typically prevents partition. Owners must sell their shares or units instead.
- Marital property – If a property is part of a divorce, partition is not an option. Instead, the family court determines how the property should be divided.
- Properties with restrictions – Some properties have legal or contractual restrictions that prevent partition, such as those held in certain trusts or under agreements requiring unanimous owner consent.
- Government-owned or protected properties – Certain properties, such as those with conservation easements or historical protections, may be restricted from partition to preserve their intended use.
How We Can Assist with Property Partition
At LaFountain & Wollman P.C., we help co-owners resolve property disputes through partition actions. When disagreements arise, we explore all available options, including negotiation, mediation, and legal action when necessary. Our approach focuses on finding practical solutions that align with your interests, whether that means securing a fair division of the property or ensuring an equitable sale. If partition is unavoidable, we guide clients through the legal process, addressing issues such as valuation disputes and ownership challenges. With experience handling residential, commercial, and vacant land partitions, we work to protect your rights while pursuing a resolution that works for everyone involved.
Contact Our Experienced Middlesex County Partition Action Attorneys
Co-owning property doesn’t always go as planned, but partition offers a legal path to resolution. Whether you want to divide, sell, or explore other options, understanding your rights is the first step. If you’re facing a co-ownership dispute, contact LaFountain & Wollman P.C. to discuss the best way forward.