Short answer: The petitioners are the person or people who hold legal or equitable ownership interests in the real property and who are asking the court to divide or sell it. In practice that means any co-owner(s) who want partition may file as petitioner(s). The complaint must also identify and bring into the case all other persons or entities with an interest in the property (owners, trustees, personal representatives, mortgagees, lienholders, long-term lessees, guardians for minors or incapacitated persons, and other claimants) so the court can resolve all competing rights.

Who counts as a petitioner under Massachusetts law?

Under Massachusetts practice a petitioner is any owner (tenant in common or joint tenant) who seeks the court’s assistance to divide, physically allocate, or sell the property. A single co-owner can start the action and be the only petitioner, naming the other co-owners as defendants. Alternatively, multiple co-owners who agree can join as co-petitioners and file together.

Who else must be named in the case?

To protect the court’s ability to decide all rights in the property, you must identify and bring into the action all persons and entities who have a present or legally protectable interest in the property. Typical parties include:

• All recorded co-owners (persons named on the deed).
• The trustee if the property is held in trust (the trustee represents the trust).
• The personal representative or administrator of a deceased owner’s estate.
• Mortgagees, lienholders, judgment creditors who recorded liens against the property.
• Holders of long-term leases (especially leases that run for many years) or easements that affect the land.
• Minors or incapacitated owners (these parties require a guardian, guardian ad litem, or court-appointed representative to protect their interests in the litigation).
• Anyone who claims title by adverse possession or other unrecorded interest that might be asserted in the action.
• Unknown heirs or contingent claimants — where identity is unclear, the complaint often names them as “unknown heirs” and uses the court rules for service or notice.

Why naming everyone matters

If a party who claims an interest in the property is not joined, that person may later file a separate claim or attack the judgment. Massachusetts partition law is designed to resolve competing claims to the property in a single action so the title can be cleared and the property divided or sold. See Massachusetts General Laws, Chapter 241 (Partition) for the statutory framework: M.G.L. c.241.

Practical examples

Example A: Two friends own a vacation house as tenants in common. One owner wants to force a sale. That owner can file the partition petition as the sole petitioner and name the co-owner as a defendant. If both owners agree to pursue the same outcome, they can file together as co-petitioners.

Example B: A property is titled to an LLC. The LLC (through its authorized representative) is the party who must be petitioner or defendant. If the individual members claim separate interests, they should be named in accordance with the ownership structure.

Special situations to watch for

• If an owner died, you must determine whether the estate’s personal representative must be named.
• If a recorded mortgage or lien exists, name the lienholder to avoid surprise claims and to allow the court to determine priority.
• If minors own an interest, the court will require a guardian or guardian ad litem to protect their share.
• For properties held in trust, name the trustee (not the beneficiaries) as the party representing the trust’s interest.

Filing logistics and notice

Massachusetts courts require proper service on all required parties so they can defend their rights. If some parties cannot be located, the court may permit alternative notice methods (including publication) if you follow the rules for service. A careful title search and review of recorded instruments will reduce the chance of missing a necessary party.

Where to read the law

Massachusetts partition statutes and related rules govern who must be included and how the court handles claims: M.G.L. c.241 (Partition). For procedural rules on joining parties and service, consult the Massachusetts Rules of Civil Procedure and local court rules.

Disclaimer: This article explains general principles and is not legal advice. It does not create an attorney-client relationship. For guidance tailored to your situation, consult a qualified Massachusetts attorney.

Helpful Hints

• Run a full title search before you file. Record searches reveal co-owners, mortgages, liens, and easements you must include.
• Gather the deed, any trust documents, partnership or LLC agreements, mortgage and lien documents, leases, and probate papers.
• If a party is a minor, incapacitated, or deceased, identify the correct legal representative to name in the case.
• If co-owners agree on a solution, consider filing together as co-petitioners to streamline the case.
• Name mortgagees and lienholders so the court can address liens and clear title after partition or sale.
• If you cannot locate an owner, plan for alternative service and be prepared to explain efforts to notify them to the court.
• Carefully describe the property using the legal description from the deed; mistakes can create delays or procedural problems.
• Consult an attorney before filing if the ownership chain is complex (trusts, estates, corporations, or competing claims).