Massachusetts: Forcing the Sale of a Co-Owned Property (Partition) — FAQ
Detailed Answer Short answer: If a co-owner refuses further mediation, you can usually ask a Massachusetts court to force a sale through a partition action. The court can either divide the land physically (partition in kind) or order a sale and divide the proceeds (partition by sale) when physical division is impractical. This process is […]
Read article →Massachusetts: Options to Divide or Force Sale of Co-Owned Farmland
How heirs can divide or force the sale of co-owned farmland in Massachusetts Short answer: If heirs who co-own a farm cannot agree, Massachusetts law allows a co-owner to file a partition action asking the court either to divide the land among the owners (partition in kind) or to order a sale with proceeds divided […]
Read article →How to Start a Partition Action in Massachusetts (When a Co‑owner Refuses)
Detailed Answer — How to start a partition action in Massachusetts when a co‑owner refuses Short answer: In Massachusetts you can force a partition (division or sale) by filing a civil partition action in the proper court where the real estate is located. The basic steps are: confirm ownership and identify all owners and lienholders, […]
Read article →Massachusetts: Forcing a Partition Sale of a Co-Owned Home
Short answer If you and your sibling now own your late father’s house together in Massachusetts and you cannot agree on what to do with the property, you can ask a court to divide the property or order a sale through a partition action under Massachusetts law. The court prefers dividing land physically when possible […]
Read article →How to Defend a Partition Action in Massachusetts
FAQ: Defending a Partition Action for an Inherited Massachusetts Home Short answer: In Massachusetts a co-owner can sue for partition to divide or force sale of jointly owned real estate. You can defend by challenging ownership or the requested remedy, asking the court for a partition in kind, asserting equitable claims (for example, credits for […]
Read article →Massachusetts: What Happens When a Co-Tenant Refinances or Takes a Home Equity Loan Without Your Approval
Detailed Answer Quick summary: If a co-owner of inherited real estate in Massachusetts borrows against the property or refinances without your approval, the lender generally can only reach the borrowing co-owner's legal interest in the property, not your separate share. That loan may create a lien against the borrower’s interest and may lead to foreclosure […]
Read article →Massachusetts Remedies When a Co-Owner Sells Property Without Agreement
How to Respond When a Co-Owner Transfers Property Without Your Agreement — Massachusetts Remedies Short answer: Your options depend on whether the co-owner sold only their own undivided share, whether the deed was forged or obtained by fraud, and the form of ownership. Common remedies in Massachusetts include a partition action (to divide or sell […]
Read article →Massachusetts: Forcing Sale or Division of Co-Owned Family Land
How co-owners can force a sale or physical division of family land under Massachusetts law Disclaimer: This article is educational only and is not legal advice. Consult a licensed Massachusetts attorney for advice about your situation. Detailed answer — what the law allows and the typical process When multiple people (for example, siblings and their […]
Read article →How to File a Partition Lawsuit in Massachusetts
Detailed Answer When co-owners cannot agree on dividing or selling real property in Massachusetts, one owner can ask a court to force a division or sale through a partition action. The right to bring a partition lawsuit is codified in Massachusetts law. See M.G.L. c.241, §1. What a partition action does A partition lawsuit asks […]
Read article →Massachusetts Guide: Filing a Partition Action to Force Sale of an Inherited Interest
Detailed Answer Short overview: In Massachusetts, a co-owner who inherited an ownership interest in real property can ask a court to partition the property. The court can order a physical division (partition in kind) if practicable, or more commonly order a sale and divide the proceeds among the owners according to their shares. The typical […]
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