Detailed Answer
Overview of Partition in Massachusetts
Under Massachusetts law, co-owners of real property who cannot agree on its use or disposition may initiate a partition action to divide or sell the property. This process is governed by M.G.L. c. 241, §§ 1–54. Any joint tenant, tenant in common, or co‐owner can file a complaint for partition in the county where the property lies.
Commencing the Action
A co‐owner files a complaint for partition in the Superior Court. The complaint must describe the property, list all co-owners, and state each owner’s share. The plaintiff serves the complaint and a summons on every co‐owner.
Response and Preliminary Steps
Defendants (the other co-owners) must file an answer, usually within 20 days. The court may hold a conference to discuss mediation or settlement. If the parties cannot agree, the judge appoints commissioners to evaluate whether the property can be fairly divided “in kind” (by physical division).
Partition in Kind vs. Partition by Sale
Under M.G.L. c. 241, § 1 (view statute), the court favors partition in kind. If commissioners report that in‐kind division is impractical, the court orders a sale. Commission proceeds follow M.G.L. c. 241, § 22 (view statute). After sale—often at auction—the clerk of courts distributes net proceeds to co-owners in proportion to their ownership shares.
Timeline and Costs
A partition action typically takes 6–12 months. Costs include filing fees, service fees, commissioner fees, appraisal fees, and legal fees. The court may order costs deducted from sale proceeds or allocated among parties.
Hypothetical Example
Jane and Kim inherit a vacation home as tenants in common. They disagree on renting it out. Jane files a partition complaint in Suffolk County Superior Court. After Kim contests, the court appoints commissioners. They find a lot division impractical due to zoning. The court orders a sale at public auction. Proceeds split 50/50.
Next Steps
If you face a co-owner dispute, review your deed, gather title documents, and consider mediation. If talks fail, a partition action offers a clear legal pathway to divide or sell the property.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Verify co-ownership shares in your deed.
- Obtain a current appraisal before filing.
- Explore mediation to avoid court costs.
- Ask the court for a preliminary conference.
- Budget for commissioner and auction fees.
- Keep all parties informed to reduce delays.
- Consider a real estate attorney familiar with M.G.L. c. 241.