Partition: the co-owner's remedy
Under G.L. c. 241, any co-owner of Massachusetts real estate can ask the court to partition it. In most cases that means a court-ordered sale, with the proceeds divided among the owners. Before dividing the money, the court can adjust each share for who paid the mortgage, taxes, insurance and repairs, and in some circumstances for an owner who has had sole use of the property.
Filing a partition petition often brings reluctant co-owners to the table. A negotiated buyout, where one owner buys the others' shares at a fair price, is a common result, and usually a better one than a forced sale.
Common situations
- Siblings or other relatives who inherited a house and can't agree on selling, renting or buying each other out
- One co-owner living in the property without paying the others or covering expenses
- A co-owner who won't sign a listing agreement or a purchase and sale agreement
- Unmarried partners or investors who bought together and have parted ways
- Family vacation property, on the Cape and islands or in the Berkshires, that one branch of the family wants to keep and another wants to sell
Living outside Massachusetts
The case is brought in Massachusetts because that's where the property is, and the court can act on the property even when some owners live elsewhere. You don't need to move back or attend every hearing. We work by phone, video and e-signature, and I handle the court appearances. Co-owners who live out of state are served with notice so they can take part.
Before partition: is the estate settled?
If the owner died recently, the property may still be part of an estate that hasn't been fully administered in the Probate and Family Court. Sometimes the first step is getting a personal representative appointed or moving the estate forward. I'll look at where things stand before recommending a course.
What these cases are worth
I generally take matters where $100,000 or more is at stake, which in a partition case usually means your share of the property's equity. Partition is usually handled hourly or on a hybrid fee, because the outcome is a sale or a buyout rather than a damages award. How fees work.
Related
Send me the deed or the estate documents and a short summary of who owns what. Request a case review or call (617) 230-2779.