Can you force a sale of jointly owned property in Massachusetts if some heirs refuse mediation or won’t sign?

Short answer: Yes. In Massachusetts, a co‑owner (including an heir who inherits as a tenant in common) can ask a court to partition the property. If the court finds a physical division isn’t practicable, it can order a sale and divide the proceeds among the owners. Refusing mediation or refusing to sign a buyout does not block a partition action, though it can affect costs and timing.

Detailed answer — what Massachusetts law allows and how it works

Massachusetts law gives any person who owns an undivided interest in real property the right to seek judicial partition. The governing statute is Chapter 241 of the Massachusetts General Laws, which explains who can bring a partition action and how courts handle division of property. See M.G.L. c.241, §1: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVI/Chapter241/Section1, and the chapter overview at https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVI/Chapter241.

Who can sue for partition?

Any co‑owner of the property — including an heir who inherits a fraction of the property as a tenant in common — can file a complaint for partition. You do not need consent from the other co‑owners to bring the lawsuit.

Partition in kind vs. partition by sale

The court prefers to divide property ‘in kind’ when it is practical—meaning physically split the parcel into separate pieces for each owner. If dividing the land is not practical without seriously diminishing value or the property cannot be conveniently divided, the court may order a sale and distribute the sale proceeds among the owners according to their ownership shares.

Process and practical steps

File a partition complaint in the appropriate court (typically the Superior Court or Land Court depending on the issues and jurisdiction).
The court will notify all interested parties (all co‑owners, lienholders, and known claimants).
The court may inspect the property, consider partition in kind, and if that is impracticable, order a sale. The court often appoints a commissioner, master, or referee to handle the mechanics of the sale and division of proceeds.
After sale, costs of the action, the commissioner’s fees, outstanding liens, and taxes are paid first; remaining proceeds are divided among owners per their legal shares.

Effect of refusing mediation or refusing to sign

Refusing to participate in mediation or refusing to sign a settlement agreement does not prevent a partition lawsuit. Courts encourage settlements and sometimes require parties to try alternative dispute resolution, but a party’s refusal generally won’t block the court’s power to order partition or sale. The refusing party may, however, face consequences such as being required to pay part of the litigation costs or interest on a buyout amount if the court deems it appropriate.

Buyouts and offers before sale

Before the court orders a sale, co‑owners often attempt a buyout: one owner pays others fair market value for their shares. If an owner refuses, the buyer can still ask the court to partition and for a sale. In some cases the court will allow the buying co‑owner to credit certain expenses or claim offsets; consult counsel about how such offsets are handled in practice.

Costs, timing, and practical consequences

Partition actions can take months to more than a year, depending on complexity, title issues, liens, or disputes.
Court and sale costs (attorneys’ fees, commissioner fees, advertising, trustee’s sale fees) typically come out of the sale proceeds before distribution.
Uncooperative co‑owners frequently increase time and expense. A settlement or voluntary buyout usually saves money.

When it might be better to settle or mediate despite refusal

Even though you can force a sale, consider mediation or negotiated buyout if you want to preserve value, avoid litigation costs, or sell faster. Mediation can also produce creative solutions: timing of sale, deferred payments, tax‑sensitive allocations, or splitting personal property separately from the real estate.

Hypothetical example

Three siblings inherit a family house as tenants in common (each 1/3). Two siblings want to sell; one refuses to sign a listing agreement and will not attend mediation. The two can file a partition action under M.G.L. c.241. If the court decides the property can’t be fairly divided, it will order a sale. A court‑appointed officer sells the property and, after paying liens and costs, divides the net proceeds 1/3 to each sibling.

Helpful hints

Gather ownership documentation: deed, will, death certificate (if inheritance), mortgage statements, tax bills, and insurance records.
Try a written buyout offer before filing suit—put numbers and timing in writing.
Discuss mediation early; courts sometimes require ADR and a mediator may reduce costs and preserve relationships.
Ask about the Land Court versus Superior Court—Land Court can resolve title issues but has different procedures.
Expect costs to be deducted from sale proceeds; plan for liens, unpaid taxes, and commissioners’ fees.
Consult a Massachusetts real estate attorney to evaluate whether partition in kind is feasible and to estimate costs and timing.

Disclaimer: This article explains general Massachusetts law and common procedures but is not legal advice. Laws and procedures change. For guidance specific to your situation, consult a licensed Massachusetts attorney.