Detailed Answer
Short overview: When co-owners of inherited land in Massachusetts cannot agree on what to do with the property, a partition action is the usual legal route to force division or sale. A partition action asks a court to divide the property physically between owners (partition in kind) or to order sale and division of the proceeds (partition by sale). Massachusetts law provides the right to bring a partition action and sets general procedures and remedies; see Massachusetts General Laws, Chapter 241 (partition actions), available at the Massachusetts Legislature website: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter241.
Who can file a partition action in Massachusetts?
Any person who holds a present ownership interest in the real property—such as heirs who own as tenants in common—may file for partition. This includes owners in fee simple, life tenants, and others with a present property interest. If the property is still part of a probate estate, coordinate with the estate representative before filing; the representative may have duties the court must respect.
Step-by-step: How to start a partition lawsuit
- Confirm your ownership interest and be sure you have standing. Obtain copies of the deed, the will or intestacy paperwork, and any probate documents that show who legally owns the property.
- Get a basic title search. A title report reveals all owners, liens, mortgages, easements, and other encumbrances. You will need accurate chain-of-title information for the court papers and to notify interested parties.
- Try negotiation and alternative dispute resolution first. Courts often expect parties to attempt a settlement. Offer buyouts, trades, or a mediated division. Mediation can be faster and far cheaper than litigation.
- Choose the proper court and prepare the complaint. File a partition complaint in the court with jurisdiction over the land (typically the Superior Court in the county where the land is located; some matters involving registered land might go to the Land Court). Your complaint identifies the property, lists all co-owners and interested parties, sets out each party’s interest, and asks the court to order partition in kind or by sale.
- Serve all owners and interested parties. Massachusetts rules require that every co-owner, lienholder, mortgagee, and other party with an interest be properly notified (served) with the complaint and summons so they can respond.
- Court may appoint commissioners or order a sale. If the court orders partition in kind, it may appoint commissioners or surveyors to divide the property physically. If the property cannot be practically divided, the court may order a sale and direct how the proceeds will be divided among the owners.
- Attend hearings and follow court orders. Be prepared to present evidence about ownership, value, contributions to the property, encumbrances, and why partition in kind or sale is appropriate. The court will resolve disputes and enter a final judgment directing division or sale.
Key legal rules and where to read them
The primary Massachusetts law for partition actions is Chapter 241 of the General Laws. Read the chapter online to understand statutory procedures and remedies: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter241.
For court information and to locate the appropriate court office or forms, use:
- Massachusetts Court System: https://www.mass.gov/orgs/massachusetts-court-system
- Land Court (for matters involving registered land): https://www.mass.gov/orgs/land-court
Common procedural and practical issues
- Partition in kind vs. partition by sale. Courts prefer partition in kind if the property can be divided fairly. If division would be impractical or would materially reduce value, the court often orders a sale and divides net proceeds among owners.
- Costs and fees. Litigation costs, appraisal and survey fees, and commissioner fees are typically paid out of the property or awarded among the parties as the court directs. Expect litigation to take months or longer.
- Mortgages and liens. A mortgage or lien usually stays attached to the property; a purchaser at a court-ordered sale generally takes subject to existing encumbrances unless the sale order provides otherwise. Address liens early.
- Requests for receivership or injunctions. If co-owners hide, damage, or improperly use the property, you may ask the court for a receiver to manage the property or for temporary injunctions to prevent waste.
- Probate interaction. If the property is part of a currently open probate estate, some issues may require coordination with probate procedures and the estate representative.
What evidence and documents will you need?
- Deeds and probate/estate documents that show ownership
- Title report showing liens and encumbrances
- Property survey or plot plan (if available)
- Appraisals or market evidence of value
- Records of contributions (mortgage, taxes, repairs) if you want the court to consider unequal contributions
- Communications showing attempts to negotiate or mediate
Possible outcomes
- Physical division of the property so each owner receives a defined parcel (partition in kind)
- Court-ordered sale of the property and division of net proceeds among owners
- Buyout where one owner purchases others’ interests outside of court
- Settlement through mediation or negotiated agreement
When to hire an attorney
If co-owners refuse to cooperate, if there are complex liens, boundary disputes, or claims of unequal contribution, or if the property has substantial value, consult an attorney who practices real property litigation. A lawyer can prepare the complaint, make sure all interested parties are named and served, handle hearings, and help secure appraisers, surveyors, and commissioners.
Helpful Hints
- Gather deeds and probate papers before filing. Courts expect accurate ownership information.
- Attempt written offers to buyout co-owners. Courts appreciate evidence of a good-faith effort to resolve disputes without litigation.
- Obtain a preliminary title search and an informal market valuation before spending on litigation.
- Consider mediation early — mediators often help preserve family relationships and save money.
- Be prepared for costs: appraisals, surveys, commissioner fees, and attorney fees can add up.
- If the property is in the Land Court registry, discuss Land Court procedures with counsel because the Land Court follows its own practice in many land disputes: https://www.mass.gov/orgs/land-court
- Keep detailed records of payments you made for taxes, mortgages, repairs, and improvements—these records can affect how the court apportions costs or credits.
Next steps: Start by collecting deeds and probate documents and ordering a simple title search. If negotiation fails, contact a real property attorney to discuss filing a partition complaint and to make sure you name all interested parties and protect your rights in court.