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This section explains, under Massachusetts law, how a co-owner can force partition of real property owned with others so the property is sold or so a co-owner can buy out the others. The summary below assumes the co-owners are not spouses holding title as tenancy by the entirety (a form of ownership limited to married couples). If the house is in someone’s probate estate, you may need to resolve that first in Probate & Family Court before a partition in the Land or Superior Court proceeds.

1. Confirm ownership type and title

Before anything else, confirm how title is held. Common forms include:

• Tenancy in common — each owner has an individual share and may force partition.
• Joint tenancy with right of survivorship — surviving owner(s) may acquire full title on a death, preventing partition by the deceased’s heirs.
• Tenancy by the entirety — generally only between spouses and not relevant for siblings.

Check the deed (registered at the county registry of deeds), any will or probate documents, and mortgage and lien records. You can obtain deed copies from the appropriate Massachusetts county Registry of Deeds website or visit in person.

2. Try negotiation and valuation first

Court is often avoidable. Common pre-litigation steps:

• Request a professional appraisal to determine fair market value.
• Send a written buyout demand (offer to pay your siblings their share) or a notice proposing sale and division.
• Consider mediation — courts often prefer parties to try settlement first.

3. When to file a partition action

If negotiation fails, you can file a partition action. Massachusetts partition law is in Chapter 241 of the General Laws. See the chapter index here: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter241. The action asks the court to divide the property “in kind” (physically) if feasible, or to order a sale and divide the proceeds among owners.

Filing options: partition actions are usually brought in either the Land Court (specialized for real-property title matters) or the Superior Court in the county where the property lies. The Massachusetts Land Court information is available at https://www.mass.gov/orgs/land-court.

4. What the complaint must (generally) say and request

A partition complaint typically alleges:

• Names and residences of all parties having an interest.
• A legal description of the property (from the deed).
• The nature of each party’s ownership (their share or claim).
• A demand that the court order partition — either division in kind or sale — and appointment of commissioners or a master to carry out the division or sale.

Statutory procedures and the court’s powers are set out in Chapter 241. The court may appoint commissioners or a master to value, divide, or sell the property and report back to the court.

5. Service, response, and discovery

After filing, you must serve all defendants (co-owners and anyone with an interest such as a mortgage holder). Defendants have a period to respond and may raise defenses, lien claims, or seek setoffs. The parties exchange documents and may take depositions relevant to title, value, liens, and occupancy.

6. Commissioners, partition in kind, or sale

The court evaluates whether a partition in kind is practicable. If the lot can be physically divided so each co-owner receives a usable portion, the court may order that. If not feasible, the court will typically order the property sold and the net sale proceeds divided among co-owners based on their ownership shares.

The court often appoints commissioners or a master to inspect the property, set a sale price or value, and recommend division or sale steps. The relevant procedures and powers are in Chapter 241.

7. How a buyout works

If you want your sibling to buy you out, you can propose a buyout before or after filing. Practically, a court-ordered buyout typically happens by agreement: the co-owner pays the other owners the fair market value of their shares, minus liens and costs. If co-owners cannot agree, the practical alternative is a court-ordered sale and distribution. The court does not typically force one co-owner to take the property in lieu of sale unless there is an agreed valuation or the co-owner can purchase others’ shares under terms set by the court or commissioners.

8. Liens, mortgages, taxes, and sale proceeds

Mortgage and lien holders keep their priority. On sale, lien holders are paid from proceeds before co-owners divide the balance. Property tax arrears, court costs, and sale commissions come off the top. If the property is in a probate estate, the executor or administrator must account for estate procedures first.

9. Timing and costs

Time: a straightforward negotiated buyout or settlement can take weeks to months. A contested partition can take many months to over a year, depending on court calendars and litigation complexity.

Costs: filing fees, attorney fees, appraisal, mediator, commissioners’ fees, and sale costs. If you win, the court may allocate costs between parties, but each case varies.

10. Where to file and what statutes apply

Primary partition statute: Massachusetts General Laws, Chapter 241: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter241. For specialized real-property title and related proceedings, see the Land Court: https://www.mass.gov/orgs/land-court. For probate issues (if title passes through a will or intestacy), see Probate & Family Court information: https://www.mass.gov/orgs/probate-and-family-court.

11. Practical example (hypothetical)

Suppose three siblings own a house as tenants in common, each 1/3. One sibling wants out and requests a buyout. An appraisal shows fair market value $300,000. The sibling who stays would owe approximately 1/3 of $300,000 = $100,000 to buy out each co-owner, or $200,000 total to buy both out. If there is a mortgage of $60,000 and estimated sale costs of $10,000, a court-ordered sale would first pay the mortgage and sale costs ($70,000), leaving $230,000 net to be split 1/3 each ($76,666 each). If the staying sibling buys out others at appraisal value, the buyer steps into title but must also satisfy liens and associated transfer costs.

12. When to get a lawyer

Consider an attorney if any of the following apply:

• Title is unclear or contested.
• Significant liens or mortgages exist.
• Parties cannot agree on value or division.
• The property is part of a probate estate.

A lawyer who handles real estate litigation and partition actions can file the complaint, represent you at hearings, coordinate appraisals and commissioners, and help negotiate a buyout or sale.

Disclaimer

This article explains general Massachusetts law about partition actions and related steps. It is educational only and not legal advice. For guidance on your specific situation, consult a licensed Massachusetts attorney.