Partition Actions

Partition Actions

Our office advises real estate owners in establishing property ownership agreements, mediating property disputes among owners, negotiating buyouts, and bringing partition actions to bring about the sale of real estate.

When people own real estate together, the law provides for a variety of rights and obligations.  For example, each co-owner has an obligation not to waste or to damage to the property, to keep the property in good repair, and to share ongoing expenses relative to the maintenance of the property.  Similarly, each co-owner has the absolute right to use and enjoy the property and to receive income derived from the property.

Since each co-owner has an interest in the entire property, it takes all owners to sell, re-title, or to refinance the property.  Filing a partition action in the Land Court or Probate and Family Court becomes necessary when co-owners have exhausted all attempts at cooperation or compromise, or where one co-owner is absent or is placing the property at risk.

In a partition action, a co-owner asks the court to force the sale of the property and to equitably, or fairly, divide the proceeds among all owners.  Unless the parties can agree to sell the property, the court will appoint a commissioner to market and sell the property on behalf of the parties, usually at some significant cost.  The parties in a partition action may ask the court to provide adjustments or credits in allocating the proceeds of sale among the co-owners.

Charles River Law Partners, LLC represents clients in Suffolk County, Middlesex County, Essex County, Norfolk County, Plymouth County, Bristol County, Worcester County, Hampden County, and Franklin County.
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1180 Washington Street, Suite 101, Boston, MA 02118
| Phone: 617-357-4898
13 Beach Street Extension, (by appointment only), Vineyard Haven, MA 02568
| Phone: 617-357-4898

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