Disclaimer: This article is for general informational purposes and does not constitute legal advice.
Detailed Answer
Under Massachusetts law, any co-owner may file a partition action to divide or sell real property. You base this action on Chapter 240 of the Massachusetts General Laws (MGL c.240).
- Identify Co-Owners and Interests – Review deeds to confirm all current owners and their respective shares.
- Choose Court and Venue – File in the Superior Court in the county where the property lies. If the land holds registered title, file in the Land Court (MGL c.240 §3).
- Draft the Complaint – Describe the property, list co-owners (defendants), state each owner’s interest, and request partition by division or sale (MGL c.240 §1).
- File and Pay Fees – Submit the complaint and pay the court’s filing fee under the Rules of Civil Procedure.
- Serve the Parties – Arrange for service of the summons and complaint on each co-owner within statutory deadlines.
- Await Response – Co-owners have 20 days to answer after service; if they do not respond, you may seek default judgment.
- Appointment of Commissioners – The court appoints commissioners to value and divide the land or direct a sale (MGL c.240 §5).
- Report and Confirmation – Commissioners submit a written report with a proposed division or sale plan. File a motion to confirm the report. The court issues a final decree, transfer deeds, or distributes sale proceeds.
Helpful Hints
- Obtain certified copies of all deeds and the current title report before you file.
- Consider partition in kind if all parties wish to keep separate parcels.
- Explore mediation or settlement talks to reduce legal costs and time.
- Monitor all deadlines to prevent delays or default judgments.
- Keep clear records of communications and filings to maintain transparency.