Partition Actions in Massachusetts | MA Legal Resources | FastCounsel

Rights of Co-Owners and Life Tenants in Massachusetts

Understanding Your Rights When a Co-Owner Lives in the Property as a Life Tenant — Massachusetts Short answer If a co-owner occupies the property as a life tenant in Massachusetts, that person generally has the legal right to possession and exclusive use for the length of the life estate. Other co-owners (remaindermen or reversioners) keep […]

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Massachusetts — Can a Life Tenant Stay in the House During a Partition?

Understanding a Life Tenant's Right to Possession During a Partition (Massachusetts) Short answer: A life tenant’s legal right to live in the property does not automatically prevent a cotenant from forcing a partition. Under Massachusetts law, a cotenant can file a partition action to divide or sell the property. A court will weigh the life […]

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Massachusetts: Filing a Partition Action for Inherited Property When Co‑owners Don’t Respond

Filing a Partition Action in Massachusetts When Some Inherited-Property Co-Owners Won’t Respond Disclaimer: I am not a lawyer. This article explains general Massachusetts law and practice to help you understand your options. It is educational only and not legal advice. For advice about your specific situation, consult a Massachusetts attorney. Detailed Answer — How partition […]

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Massachusetts: What Happens When a Court-Appointed Commissioner Handles a Private Sale in a Partition Action

How a Court-Appointed Commissioner Manages a Private Sale in a Massachusetts Partition Action Disclaimer: This article is for general information only and is not legal advice. If you need advice for your specific situation, consult a licensed Massachusetts attorney. Detailed answer — what typically happens under Massachusetts law When co-owners cannot agree on whether to […]

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Massachusetts: Forcing Sale of an Inherited Parcel When a Co-Owner Refuses

FAQ: Partition Actions, Buyouts, and Selling Co-Owned Inherited Property FAQ: Partition actions, buyouts, and selling co-owned inherited property Short answer: In Massachusetts, a co-owner who wants the property sold can file a partition action in court under Massachusetts General Laws Chapter 241. The court will either divide the land physically (partition in kind) if feasible […]

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What Paperwork to Prove House Expenses in a Massachusetts Partition Case

Detailed Answer This section explains what documentary proof you should gather and how to present it if you need to show expenses for a house in a Massachusetts partition case (an action where co‑owners ask the court to divide or sell jointly owned real property). Partition actions are governed by Massachusetts law (see M.G.L. c. […]

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Massachusetts: Recovering Mortgage, Property Tax, and Carrying Costs from Sale Proceeds

How Massachusetts co-owners typically handle mortgage, property tax, and carrying-cost payments when a property is sold Disclaimer: This is general information only and is not legal advice. Laws change and the outcome in any case depends on the specific facts. Consult a Massachusetts attorney for advice about your situation. Short answer In Massachusetts, a co-owner […]

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Massachusetts: Requesting Mortgage Statements and Repair Receipts from a Co‑Owner Before Dividing Sale Proceeds

Detailed Answer Short version: As a co‑owner in Massachusetts, you can and should ask for mortgage statements, payoff information, and repair receipts before the sale proceeds are divided. You cannot always unilaterally force production outside of court, but if the co‑owner refuses, a partition action or a court accounting can compel those documents and proper […]

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Massachusetts: Forcing a Sale or Partition of a Co-Owned House — What to Know

Can a co-owner force a sale of jointly owned real estate in Massachusetts? Short answer (overview): If co-owners of real estate in Massachusetts cannot agree on what to do with the property, one or more co-owners can ask a court to resolve the dispute by ordering a partition of the property. A court may divide […]

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How to File a Partition Action in Massachusetts to Split Inherited Property

FAQ — Partition Actions for Inherited Property under Massachusetts Law When you and one or more co-owners inherit real property and a co-owner refuses to agree to sell or divide it, Massachusetts law gives a way to force a division or sale through a partition action. The explanation below walks a layperson step‑by‑step through the […]

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