What to Give Your Lawyer to Start a Partition Action in Massachusetts

This FAQ-style guide explains, in plain language, the information and documents a lawyer will need to begin a partition lawsuit under Massachusetts law. A partition action asks the court to divide property or order its sale when co-owners cannot agree. This article assumes no prior legal knowledge.

Short answer

Provide proof of ownership and identity for all co-owners, a clear description of the property (address and assessor parcel/lot number), all deeds and title documents, any mortgages or liens, records of payments (mortgage, taxes, insurance, improvements), leases or occupancy agreements, communications among co-owners about the property, and any estate, trust, or probate papers that affect ownership. Your lawyer will use these documents to confirm who must be named in the lawsuit, to evaluate whether partition in kind or a sale is appropriate, and to prepare the complaint.

Why these items matter (legal context)

Under Massachusetts law, a person with an ownership interest in real property can bring a partition action to divide or sell the property. The relevant statute is Chapter 241 of the Massachusetts General Laws: M.G.L. c.241 (Partition of Land). Your lawyer needs documentation that proves who owns the property, what interests they hold, and whether liens, mortgages, leases, or other legal rights affect the property.

Detailed checklist: Documents and information to gather

Deeds and title documents: All historic and current deeds that show how each co-owner obtained their interest (warranty deeds, quitclaim deeds, probate distributions). If available, include a recent title abstract or title insurance policy.
Property description: Street address, assessor’s parcel/lot number, and a copy of the assessor’s record. A survey or sketch helps if boundaries, improvements, or division lines matter.
Mortgage and lien records: Copies of current mortgage(s), statements showing outstanding balance, and any recorded liens or UCC filings. Provide payoff information if you have it.
Tax bills and receipts: Recent property tax bills and proof of payment for the last several years. These help show contributions and potential arrearages.
Insurance and utility records: Homeowner’s insurance policy and evidence of premium payments, plus utility bills showing who paid for services and when.
Leases, rental agreements, and rent records: If the property is rented, provide fully executed leases, security deposit records, rent receipts, and communications with tenants.
Receipts and invoices for repairs/improvements: Documentation showing who paid for improvements, major repairs, or maintenance (contracts, cancelled checks, bank transfers, contractor invoices).
Estate, trust, or probate documents: If ownership comes from a will, trust, or probate estate, include the will, trust instrument, letters testamentary/administration, or probate docket entries.
Power of Attorney, conservatorship, or guardianship papers: If any co-owner is represented by an agent, provide valid POAs and any court orders appointing a guardian or conservator.
Court orders or prior litigation documents: Any judgments, prior partition filings, settlement agreements, restraining orders, or pending lawsuits involving the property or owners.
Communications and written agreements among co-owners: Emails, text messages, handwritten notes, or signed agreements about using, selling, renting, or dividing the property. Include any buyout offers or refusal letters.
Occupancy and possession facts: Who lives on the property, when each owner took possession, and whether any owner has exclusive possession. Provide logs, affidavits, or proof of residency if available.
Contact information for all co-owners and interested parties: Full names, current addresses, phone numbers, email addresses, and any known addresses where they can be served. Also list mortgage holders, judgment creditors, tenants, and lienholders.
Survey, site plans, or maps: Any recent survey, property map, or engineer’s plan helps the court evaluate partition in kind (division of land) vs. sale.
Photos and condition evidence: Photos or video showing current condition, improvements, or contested property boundaries.
Financial records: Bank or escrow records tied to the property (if they show payments toward mortgage, taxes, common expenses), and records of any agreements to pay or share costs.

What your lawyer will do with these items

Confirm ownership and identify all necessary defendants by running a title search and reviewing deeds and probate records.
Determine whether partition in kind (physically dividing the parcel) is practical or whether a partition by sale is likely. Courts prefer partition in kind if it is fair and practicable, but may order a sale if division is not feasible.
Prepare and file a complaint for partition under M.G.L. c.241 and arrange service on all parties and lienholders.
Preserve your interests by recording notices or asking the court for interim relief (for example, orders regarding possession, rents, or the handling of sale proceeds).
Negotiate settlements or buyouts if co-owners reach agreement before trial.

Typical timeline and cost considerations

There is no fixed timeline; simple agreed matters may resolve in months, while contested cases can take a year or longer. Costs include attorney fees, court filing fees, service costs, title searches, surveyor or appraiser fees, and possibly auction or sale expenses. Your attorney will estimate likely expenses after reviewing your documents.

Common complications to disclose early

Disputed or unclear deeds, missing heirs, or conflicting claims to title.
Bankruptcy filings by any co-owner or mortgage lender threats of foreclosure.
Unrecorded agreements or oral promises about ownership shares.
Co-owners who are incarcerated, incapacitated, or missing—these require special steps for service or guardianship involvement.
Multiple heirs or fractional interests created through inheritance, which complicates division and increases the number of required parties.

Helpful hints before your first meeting with the lawyer

Organize documents by type (deeds, mortgages, tax bills, leases). A folder or scanned copies are useful.
Make a simple timeline of ownership events: purchases, inheritances, transfers, and major expenditures.
List all people with a potential claim, even if you think a claim is weak. Omitting a party can delay or complicate the case.
Write a short statement of your goals (do you want the property divided, sold, or to buy out others?).
Be honest about disputed facts. Full disclosure helps the lawyer prepare and avoid surprises.

Where to look up the law

Massachusetts’ partition statute is the primary authority: M.G.L. c.241 (Partition of Land). Your lawyer may also review related provisions on recording, mortgages, and probate that affect title and parties.

Disclaimer: This article is informational only and not legal advice. It does not create an attorney-client relationship. For guidance about your specific situation, contact a licensed Massachusetts attorney.