Detailed Answer
When two or more individuals co-own real estate in Massachusetts—either as tenants in common or joint tenants—each holds an undivided interest. Major decisions such as sale timing, listing price and cost sharing require unanimous consent. If co-owners cannot reach agreement, Massachusetts law provides several avenues to resolve the dispute.
1. Partition Action
Under Massachusetts General Laws Chapter 184, Section 8, any co-owner may initiate a partition action in Land Court or Superior Court. The court can order a physical division of the property (partition in kind) or mandate its sale and distribute net proceeds. It also allocates sale expenses, attorney’s fees and costs in proportion to each owner’s share. See M.G.L. c. 184 § 8.
2. Mediation and Settlement
Co-owners can opt for mediation with a neutral facilitator. Mediation generally costs less and moves faster than court. Parties negotiate sale logistics, cost allocation and closing adjustments. A written settlement binds all sides and can include detailed timelines, price formulas and expense-sharing rules.
3. Buyout Options
One co-owner may offer to purchase the others’ interests. The parties typically obtain a professional appraisal and negotiate a buyout price. This path avoids public sale, keeps the property intact and resolves the dispute privately.
4. Alternative Dispute Resolution
Co-owners may agree in advance to binding arbitration. They present evidence on valuation, expenses and sale mechanics to an arbitrator. The arbitrator’s decision governs cost sharing and sale terms without the need for a court trial.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific circumstances.
Helpful Hints
- Confirm your ownership type by reviewing the deed.
- Obtain a current market appraisal before any negotiations.
- Document all expenses—repairs, taxes, insurance and utilities.
- Communicate proposals and agreements in writing.
- Consider the tax consequences of sales or buyouts.
- Select a mediator or arbitrator with real estate experience.
- Consult an attorney early to understand procedural requirements and fees.