Short answer

If you and your sibling now own your late father’s house together in Massachusetts and you cannot agree on what to do with the property, you can ask a court to divide the property or order a sale through a partition action under Massachusetts law. The court prefers dividing land physically when possible (partition in kind), but it will order a sale and split the proceeds if dividing the property is impractical. See Massachusetts General Laws, Chapter 240 for partition procedures: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter240

Detailed answer — how a forced partition sale works in Massachusetts

1. What is a partition action?

A partition action is a lawsuit filed by one or more co-owners of real property asking the court to divide the property so each owner gets their fair share. When the property cannot be physically divided fairly or division would be impractical, the court can order the property sold and the net proceeds divided among the owners.

2. Who can bring the case?

Any person with a legal ownership interest in the property — typically a tenant in common or joint tenant — may file for partition. If the estate of your late father still controls title (for example, title remains in his name and the estate is open), you may need the probate process sorted out first so the estate can transfer title to heirs or administrators. For probate information, see Massachusetts Probate and Family Court: https://www.mass.gov/orgs/probate-and-family-court

3. Typical steps to force a sale

Confirm ownership and title: Get a copy of the deed(s) and any records showing how title passed (will or intestacy). If title is still in your father’s name, contact the Probate and Family Court about opening probate or obtaining an order distributing the property.
Try negotiation first: Courts expect co-owners to try to resolve disputes before costly litigation. Offer buyout, market the house jointly, or use mediation.
File a partition complaint: If negotiation fails, file a partition action in the appropriate Massachusetts trial court (many partition cases are filed in the Land Court or Superior Court). The complaint names all owners and asks the court to order partition or sale.
Serve the parties and gather documents: The defendant co-owner(s) receive notice and the parties exchange documents about title, mortgages, taxes, and payments made toward the property.
Accounting and credits: The court may require an accounting of contributions (mortgage payments, taxes, repairs). The court can offset the proceeds to account for unequal contributions before distributing net sale proceeds.
Determination: partition in kind or sale: The court will decide whether the property can be fairly divided. If division in kind is impracticable, the court will order a sale.
Sale process: The court typically appoints a commissioner or referee to handle the sale or will order a judicial sale. The sale proceeds are used to pay liens, taxes, costs, and then distributed to co-owners according to their shares after accounting credits.

4. Evidence the court will want

Deeds showing ownership and how title passed to heirs.
Death certificate and probate documents if relevant.
Mortgage statements, property tax records, receipts for repairs or improvements.
Records showing who lived in the house, who paid utilities, and who collected rental income (if any).

5. Costs, timeline, and practical expectations

Partition lawsuits take months or longer. Expect court fees, service costs, and attorney fees. The court may award costs or attorney fees in narrow circumstances, but typically each side bears its own legal expenses unless the court orders otherwise. If the property must be marketed and sold at auction or by a court-appointed commissioner, that adds time.

6. Common issues and defenses

A co-owner may oppose sale if they can show a partition in kind is practical or offer to buy out the other owner at fair market value.
Claims that one owner holds title in joint tenancy (with rights of survivorship) rather than tenancy in common can change who has what share; proof of the deed language is important.
Equitable claims: contributions for improvements or mortgage payments can be asserted to obtain credits against the proceeds.

7. Alternatives to filing a partition action

Mediation or facilitated negotiation to sell on the open market and split proceeds.
One owner buys out the other (use an appraisal to set price).
Voluntary sale through a broker and division of proceeds without court involvement.

8. Where to find the law and local resources

Massachusetts codifies partition actions in General Laws, Chapter 240. Review Chapter 240 for statutory rules and procedures: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter240
For court locations and probate guidance, use the Massachusetts Courts pages: Probate and Family Court — https://www.mass.gov/orgs/probate-and-family-court, Land Court — https://www.mass.gov/orgs/land-court

Helpful Hints

Start by getting a certified copy of the deed and any probate paperwork. Clear title documentation speeds the process.
Keep organized records of payments you or your sibling made for mortgage, taxes, and repairs. They matter in accounting and credits.
Get a current, professional appraisal before negotiating a buyout or filing suit. It provides an objective value baseline.
Consider mediation. A neutral mediator can often produce a faster, cheaper settlement than litigation.
Talk to a lawyer experienced in Massachusetts partition and probate matters early. A lawyer can advise whether the property title requires probate action before partition and can draft the complaint correctly.
Expect costs and time. Courts do not expedite partition matters automatically; plan for months for a resolution.
If your aim is speed and you can afford it, a buyout by one co-owner is the fastest way to avoid court.

Disclaimer: This article explains general Massachusetts law about partition actions and is for educational purposes only. It does not provide legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Massachusetts attorney or the Probate and Family Court.