Detailed Answer

This answer explains how someone in Massachusetts can force the sale of jointly owned real property when co-owners refuse to make buyout offers. It summarizes the common legal steps, what the court will consider, and practical tips so you can decide whether to proceed and what documents and evidence you will need.

Background: What a partition action is under Massachusetts law

A partition action asks a court to divide real property owned by two or more people so each person receives their proportionate interest. Massachusetts law recognizes partition actions and gives courts the power to divide land “in kind” (physically) or to order a sale when division in kind is impracticable. The general statutory framework for partition actions is in Massachusetts General Laws, Chapter 241. For the statute text, see: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter241

When a sale can be forced

If you and the other co-owner(s) cannot agree on a private buyout, you can file a partition lawsuit. The court will review whether the property can be fairly divided. If the court finds that physical division would be impractical, would substantially prejudice co-owners, or cannot protect interests fairly, it may order that the property be sold and the proceeds distributed among the owners according to their shares.
The court has broad equitable power in partition matters. Even when a partition in kind is theoretically possible, the court may order sale if division would be inequitable or difficult to accomplish without undue harm to value.

Typical step-by-step process

Prepare and file a complaint for partition in the appropriate Massachusetts court (commonly the Superior Court or the Land Court for title-intensive disputes). The complaint identifies the parties, the property, and each owner’s claimed share.
Serve the complaint on all co-owners and any lienholders (mortgagees). The court will set deadlines for responses and may schedule a hearing.
The court often appoints commissioners or a referee to investigate the property, prepare a plan for division, and report back to the court. The appointed official may recommend partition in kind or recommend sale and describe how to conduct it.
If division in kind is impracticable or inequitable, the court will order the property sold. The court will typically set the terms of sale (public auction or approved private sale) and authorize the appointment of a commissioner or a receiver to carry out the sale.
Sale proceeds are applied to liens, costs, and fees (including the commissioner’s fees and any court-awarded attorney’s fees), and the net balance is distributed to owners according to their legal interests.

What to expect about buyout offers and timing

A co-owner who wants to keep the property may offer to buy out others before a sale. If a co-owner refuses to make any buyout offer, the partition plaintiff can still proceed to trial and ask the court for a sale. Courts typically give co-owners a chance to propose a buyout or to show how a division in kind would work, but refusal to make any offer does not prevent the court from ordering a sale.

Practical issues the court will consider

Whether the land can be divided fairly without substantially reducing value (practicality and fairness of division).
Existing mortgages, liens, or easements that may complicate physical division.
Improvements or unequal investments made by co-owners (the court may adjust distributions for contributions, rents, orpayments).
Whether occupants (tenants or owners) may remain until sale or be evicted if necessary to complete sale.

Financial consequences and fees

Expect costs for filing, service, appraisal, commissioner or referee fees, advertising and sale costs, and attorney’s fees. The court may allocate costs out of sale proceeds. If liens exist, secured creditors have priority against proceeds.

What you should gather before filing

Title documents and deeds showing ownership chain.
Any mortgage statements, lien documentation, or judgments against the property.
Recent tax bills and property tax history.
Insurance policies, leases, rent rolls, and records of payments or improvements made by any co-owner.
Photographs and any appraisals or market analyses.

Strategies short of a court-ordered sale

Negotiate a buyout: agree on a price based on an appraisal and have one co-owner buy the others’ shares.
Mediation: a neutral mediator can help reach a buyout or settlement to avoid litigation costs.
Partition by agreement: co-owners can execute a written agreement that sets a timetable and method for sale or buyout, sometimes including right-of-first-refusal clauses.

When to hire an attorney

A partition action affects title, property rights, and often money. An attorney who handles real estate litigation can:

Advise whether partition is likely to result in sale or division in kind.
Help evaluate liens, tax implications, and how proceeds will be distributed.
Prepare pleadings, represent you at hearings, and handle sale logistics once ordered by the court.

Key Massachusetts law reference

Massachusetts General Laws, Chapter 241 governs partition actions. See: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter241

Helpful Hints

Get a current appraisal before filing. A reliable value helps in negotiation and gives the court a baseline.
Collect proof of payments on the property (mortgage, taxes, improvements). Courts may credit or charge owners for contributions.
Notify mortgage holders and lien claimants early. Their claims affect whether a buyer will pay full market price.
Consider mediation first. Litigation can be slow and costly; a mediated buyout often gives better net recovery.
Expect a timeline of months to over a year depending on complexity and court calendars.
If occupants refuse to cooperate, a court may order eviction so a sale can proceed. Ask an attorney about eviction timing and procedures.
Ask your attorney about tax consequences from sale proceeds and whether estimated taxes or reporting obligations apply.

Disclaimer: This information is educational only. It is not legal advice. Laws change and facts matter. Consult a licensed Massachusetts attorney before taking legal action.