Can a co-owner force a sale of jointly owned real estate in Massachusetts?

Short answer (overview): If co-owners of real estate in Massachusetts cannot agree on what to do with the property, one or more co-owners can ask a court to resolve the dispute by ordering a partition of the property. A court may divide the property physically (partition in kind) or order a sale and divide the proceeds (partition by sale). Courts also encourage negotiation, mediation, and buyouts before ordering a sale.

Detailed answer — How the process works in Massachusetts

1. Who can bring a claim?

Any co-owner of the property — whether you are a tenant in common or a joint tenant — may begin a partition action when co-owners disagree about possession, use, or disposition of the property. Co-owners who hold title but disagree about sale, management, or distribution can seek the court’s help to divide the property or the sale proceeds.

2. Which court hears partition cases?

Partition actions commonly proceed in the Massachusetts Land Court or Superior Court, depending on the property’s circumstances and the relief sought. The Land Court handles many title and partition cases; the Massachusetts court websites provide guidance on filing and jurisdiction:

3. What remedies can a court order?

The court has two principal remedies:

Partition in kind (division of the land): the court physically divides the parcel so each co-owner receives a distinct portion. This works only when the property can be fairly and practically divided.
Partition by sale: if a fair physical division is not feasible, the court orders the property sold (often at auction or common sale) and the net proceeds distributed among the owners according to their ownership shares.

4. Process steps (typical timeline and what to expect)

One co-owner files a complaint for partition and serves the other co-owners.
Parties exchange pleadings, property information, and may dispute issues like the correct ownership shares, credits for improvements or mortgages, and liens on the property.
The court may require appraisal, appoint commissioners or a master to value or divide the property, and potentially order mediation or settlement conferences.
If division in kind isn’t practical or fair, the court orders a sale. Sale proceeds pay liens, taxes, and costs; the remainder is distributed per ownership shares after adjustments for improvements or contributions as ordered by the court.

5. Contributions, liens and offsets

When the court divides proceeds it will account for mortgages, liens, unpaid taxes, and expenses of sale. The court can also adjust distributions if one co-owner paid more than their share for mortgage payments, taxes, repairs, or improvements — but you will need proof (receipts, cancelled checks, bank records) to support such claims.

6. Alternatives courts prefer before sale

Massachusetts courts expect parties to try less drastic options first. Judges commonly push parties toward:

Mediation or facilitated negotiation
A buyout (one co-owner pays others a fair market value for their shares)
Refinancing or restructuring mortgage debt so one owner can purchase out the others

7. Costs, timing, and likely outcomes

Partition actions can take months to years depending on complexity and whether parties settle. Expect court costs, appraisal fees, possible costs for a referee or commissioner, and attorney fees. The final distribution equals sale proceeds minus liens, taxes, costs, and any judicially-ordered credits.

When you might avoid court

Filing a partition action is not the only option. Consider these practical alternatives first:

Present a written buyout offer based on a recent appraisal or market comps.
Propose mediation to split equity, set timelines, or negotiate sale terms.
Refinance so one co-owner pays off the others and takes full title.
Sell the property voluntarily on the open market and split proceeds according to ownership shares.

Evidence and documents to gather

Before speaking with an attorney, collect good documentation to support your position:

Current deed and any prior deeds
Mortgages, promissory notes, and payoff statements
Property tax bills and payment history
Receipts for repairs or improvements
Leases, rental income records, and expense records
Appraisals or recent market sales data

How an attorney can help

An attorney will evaluate title, ownership shares, liens, and the merits of a partition action. They can:

Advise whether partition in kind is realistic
Prepare and file pleadings, discovery, and motions
Negotiate buyouts, attend mediation, or represent you at trial
Help document credits for payments, repairs, or investments other owners made

Helpful hints

Explore mediation early — courts often require or encourage it.
Get a neutral appraisal before making or accepting buyout offers.
Keep meticulous records of money you paid for the property (mortgage, taxes, repairs).
Understand your title type: joint tenancy (with right of survivorship) differs from tenancy in common.
Consider tax consequences of a sale or buyout; consult a tax professional as needed.
If the other owners are unreachable, courts allow service by alternative methods; an attorney can advise on proper service.
Realize that even if you win a partition by sale, the court controls the sale process and timing.

Where to read official resources

For official Massachusetts resources about courts and property law, start here:

Next steps: If you want to pursue a partition or negotiate a buyout, talk to a Massachusetts real estate attorney who handles partition cases. An attorney can review your deed, ownership shares, lien status, and advise the best path forward given your goals.

Disclaimer: This article provides general information about Massachusetts law and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Massachusetts attorney.