Can I force a sale of property when some family members want to sell but others refuse?

Short answer: Yes — under Massachusetts law, a co-owner can ask a court to force a sale by filing a partition action. The court will usually try to divide the property (partition in kind) but can order a sale if division is impractical or would unfairly prejudice owners. This page explains how that process works, what to expect, and practical next steps.

What is a partition action?

A partition action is a court proceeding that lets co-owners of real property end joint ownership when they cannot agree. In Massachusetts, the statutory framework for partition actions appears in the General Laws. See the statutory authority on partition actions:

Mass. Gen. Laws ch. 241, § 1 (general provision permitting partition actions)
Mass. Gen. Laws ch. 241, § 3 (court authority to order sale when partition in kind is impractical)

Who can start a partition action?

Any co-owner of the property can start a partition action. Co-owners include tenants in common and joint tenants. If the property title names multiple family members, each person with a legal ownership interest may bring the case.

Partition in kind vs. partition by sale

The court has two primary remedies:

Partition in kind: The court divides the land into separate parcels so each owner receives a portion. Courts prefer this if they can divide the property reasonably.
Partition by sale: If dividing the property physically would be impractical, would substantially reduce value, or unfairly prejudice some owners, the court can order the property sold and distribute proceeds among owners.

The court evaluates factors like the property’s size and layout, the number of owners, physical improvements, and whether division would be equitable.

What will the court consider when deciding whether to order a sale?

Courts weigh practical and equitable considerations, such as:

Whether the property can be divided without materially reducing its value.
Whether physical features (topography, single-family home, unique improvements) prevent fair division.
Number and relationship of the co-owners and their respective ownership shares.
Existing mortgages, liens, and who holds them.
Contributions by owners for improvements, taxes, or mortgage payments (the court may adjust distributions to reflect contributions or reimbursements).

Typical process and timeline

File a partition complaint in the appropriate Massachusetts court (usually the Superior Court; in some title disputes Land Court may be involved).
Serve all co-owners and interested parties (lienholders, mortgagees).
Court may appoint a commissioner or appraiser to survey and value the property and recommend whether division is feasible.
Hearing(s) on whether partition in kind or sale is proper.
If sale ordered, the court supervises or authorizes marketing and sale. Proceeds pay liens, costs, and then are distributed to owners according to shares and any court-ordered adjustments.

Timing varies with case complexity; straightforward matters can take several months, contested or complicated matters may take a year or more.

Costs and who pays

Costs include filing fees, attorney fees, appraiser or commissioner fees, and costs of sale (broker fees, closing costs). Courts can apportion costs among the parties; sometimes costs and attorney fees are charged against sale proceeds or shifted to the party that caused unnecessary delay or expense.

Practical alternatives to filing a partition action

Negotiate a buyout: One or more co-owners buy out the dissenting owners for fair value.
Mediation: A neutral mediator can help the family reach an agreement without court.
Sell voluntarily: Agree on listing terms, price, and split of proceeds.
Refinance or restructure ownership (rare): In limited situations, refinancing or transferring interests by agreement can resolve disputes.

Information and documents to gather before you talk to a lawyer

Copies of the deed(s) and chain of title showing all owners.
Mortgage statements and other liens on the property.
Property tax bills and records of payment.
Records of improvements, expenses, or payments made by co-owners (receipts, bank records).
Any written agreements among owners (e.g., buy-sell agreements or family agreements about the property).

Common outcomes

The most common outcomes are:

A negotiated sale or buyout without court intervention.
The court orders partition in kind if the land divides fairly.
The court orders sale if division would be impractical or inequitable, with supervised sale and distribution of proceeds.

When to consult an attorney

Talk to a lawyer if:

Family members cannot agree about selling or dividing the property.
Title questions, liens, or mortgage obligations complicate ownership.
Someone is occupying the property and refuses to cooperate.
You need help calculating shares, credits for contributions, or defending/bringing a partition action.

Helpful hints

Label ownership: Confirm whether title is held as joint tenants (with right of survivorship) or tenants in common — this affects legal rights and remedies.
Document payments: Keep clear records of mortgage, tax, and improvement payments to support claims for reimbursement or credit.
Try mediation first: Courts often expect parties to attempt resolution before costly litigation.
Expect cost sharing: Partition litigation and sale costs will typically reduce the net proceeds; plan for that when negotiating a buyout.
Consider timing: Real estate markets fluctuate — if immediate sale would produce a low price, consider whether short-term hold and better marketing is feasible.

Disclaimer: This article explains general Massachusetts law about partition actions and is for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed Massachusetts attorney.