Detailed Answer
You can force the sale of real estate owned by multiple people through a partition action under Massachusetts law. A partition action asks a court to divide the property among co-owners or, if physical division is impractical, to order a sale and distribute the proceeds. The controlling statute is Massachusetts General Laws Chapter 241, which governs actions for partition. See the statute: M.G.L. c.241 (Actions for Partition) and specifically Section 1 (right to bring an action).
Who can bring a partition action?
Any person who holds an ownership interest in real property — for example, an heir, devisee, personal representative who holds legal title for the estate, or a co-owner — may bring a partition action. If the decedent’s estate still holds legal title (property not yet distributed), a personal representative (executor or administrator) may need to act for the estate or the estate may first need to be administered in probate. If the property already passed to heirs or beneficiaries, they are the co-owners who may sue.
Common title situations and what they mean
- Joint tenancy with right of survivorship — automatically passes to surviving joint tenant(s) and usually cannot be partitioned against them unless they are co-owners; check the deed language.
- Tenancy in common — each owner has an undivided share and may demand partition by sale or division.
- Property still titled in the decedent’s name — you may need probate administration before clear title transfers to heirs; consult the Probate Court.
Step-by-step: How to file a partition action in Massachusetts
- Confirm ownership and title. Obtain a copy of the deed, check county registry/Registry of Deeds, and pull the chain of title to identify all owners and liens (mortgages, tax liens). The Registry of Deeds website for the county where the property sits will list recorded instruments.
- Determine whether the estate must be probated first. If the house remains titled in the decedent’s name and no transfer of title to heirs has occurred, you may need to open a probate case or confirm the personal representative’s authority to handle the property.
- Try to resolve the dispute outside court. Ask for a meeting, propose buyout, mediation, or sale by agreement. Courts typically prefer parties settle where possible.
- Prepare the complaint for partition. The complaint must identify the property, the parties with an interest, and the relief sought (division or sale). Under M.G.L. c.241 §1, the pleading starts the statutory partition process: M.G.L. c.241 §1.
- File in the correct court. File the partition complaint in the county where the property is located. For registered land (land registered in the Land Court), you may need to file in Land Court. If in doubt, contact the clerk’s office where the property is located.
- Serve all parties with the complaint. All known co-owners and lienholders must be properly served so the court can resolve everyone’s interests.
- Court process: commissioners, division, or sale. If the court orders partition in kind, it will appoint commissioners to view the land and recommend a physical division where practicable. If the court finds physical division is not convenient or fair, it will order a sale and direct how to distribute proceeds after paying mortgages, liens, costs, and expenses. See Chapter 241 for the procedures and commissioner roles: M.G.L. c.241.
- Address liens, mortgages, taxes, and costs. Sale proceeds will pay secured liens in priority order, court costs, and commissions. The remaining net proceeds divide among the co-owners according to their shares.
What the court decides
The judge will decide whether the property can be fairly divided (partition in kind) or must be sold. The judge also resolves disputes over ownership shares, equitable claims (contributions for improvements, payments of mortgage or taxes), and may award costs or fees. If the property is ordered sold, the court will supervise the sale process, confirm the sale, and enter a final distribution order.
Timing and costs
Time varies: simple uncontested matters can be resolved in months; contested actions may take a year or more. Costs include filing fees, service fees, attorney fees (if you hire counsel), costs for a survey or appraisal, and possible commissioner or auction fees. The court may allocate costs among the parties.
Practical examples of common complications
- Title problems — unclear or disputed ownership slows the case and may require quiet-title claims or probate resolution.
- Mortgage or tax liens — these must be resolved from sale proceeds; a mortgagee can request foreclosure or be paid out at sale.
- Occupying co-owner — if a co-owner lives in the house, the court can address rent or use value and account for expenses.
- Heir disputes — if heirs disagree about distribution, the court will resolve claims of equal or unequal shares, contributions, and improvements.
Where to get forms and local rules
Check the Massachusetts Trial Court or the Land Court (if registered land) for local filing rules and fee schedules. For the general statute text for partition actions, see: M.G.L. c.241. For Probate Court guidance about administering an estate, see the Massachusetts Uniform Probate Code at: M.G.L. c.190B (probate and administration guidance).
When to consult an attorney
Consider talking to a lawyer if title is unclear, co-owners contest ownership or shares, liens/mortgages complicate distribution, or you face complex issues like claiming reimbursements for improvements. An attorney can prepare pleadings, negotiate buyouts, represent you in court, and help limit liability.
Key statutory references
- Right to bring a partition action: M.G.L. c.241 §1.
- General procedure and commissioners: M.G.L. c.241 (full chapter).
- Probate and administration (if estate issues arise): M.G.L. c.190B.
Disclaimer: This article explains general Massachusetts law and common practice. It is educational only and is not legal advice. For advice about your specific situation, contact a qualified Massachusetts attorney or the appropriate court.
Helpful Hints
- Start with a title search at the county Registry of Deeds to confirm ownership, mortgages, and liens before filing.
- Locate the death certificate and any will; these records affect whether probate is necessary.
- Try a written demand and mediation first — courts often favor settlement and a negotiated sale avoids litigation costs.
- If you are the personal representative, confirm the Letters (executor/administrator credentials) to show authority to act for the estate.
- Get an appraisal and, if you expect to ask the court for partition in kind, a current survey and map to show how the lot might be divided.
- Keep records of payments for mortgage, taxes, repairs, or improvements — the court may order reimbursement or credits among co-owners.
- Ask the court clerk which local court (county court or Land Court) handles partition filings for your property type (registered vs. unregistered land).
- Be realistic about time and cost; an uncontested sale by agreement often costs less than a contested partition action.