Detailed answer — what you need to know and the legal basis

This section explains the common paths when one heir or co-owner refuses to list or sell an inherited parcel. I am not a lawyer; this is educational information, not legal advice.

1. Confirm ownership and how title passed

Start by checking the deed and any probate records. If the deceased owned the property and the will (or intestacy rules) passed the property to multiple people, those people usually hold undivided interests as tenants in common. A single co-tenant cannot typically force a sale without court help.

2. Try negotiation first

Courts expect co-owners to try to resolve disputes before filing litigation. Common non‑litigation options include:

• Agreeing to list with a realtor and split costs and proceeds.
• One co-owner buying out the other owners (use a recent appraisal to set price).
• Mediation to reach a sale or buyout agreement.

3. Filing a partition action under Massachusetts law

If negotiations fail, a co-owner can ask a court to divide or sell the land. Massachusetts law that governs partition actions is in Chapter 241 of the Massachusetts General Laws. See M.G.L. c. 241: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter241. Section 1 explains who may seek partition: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter241/Section1.

Key points about partition actions in Massachusetts:

• The plaintiff files a complaint in the appropriate court (often the Land Court or Superior Court) asking for partition.
• The court will determine if a partition in kind is practicable. If the land can be fairly divided, the court can order physical division.
• If division in kind is impractical (common for a single house lot), the court will order a sale and distribute net proceeds among owners according to ownership shares.
• The court can appoint a commissioner or master to oversee division, valuation, and sale. The sale can be a public auction or a broker-assisted sale under court supervision.

4. What the court considers and practical effects

The court balances fairness and practicality. It may:

• Credit an owner who paid mortgages, taxes, or made improvements.
• Charge costs of litigation and sale against proceeds.
• Require accounting for rents, expenses, and mortgage payments from the time of inheritance.

Because courts can award credits, the simple equal split is not guaranteed. The process can also take months to over a year depending on complexity and court schedules.

5. Alternatives and interim protections

Before or during litigation you can:

• Offer a buyout based on a current appraisal.
• Seek mediation to reduce time and cost.
• Ask the court for temporary orders if the co-owner is damaging the property or failing to pay taxes or insurance — the court can sometimes require payment into escrow or preservation measures.

6. Where to file and who can help

Partition actions are handled by trial courts. Many partition cases in Massachusetts proceed in the Land Court or Superior Court. For practical court details, see the Land Court’s page: https://www.mass.gov/orgs/land-court.

7. Costs, timeline, and risks

Expect attorney fees, court costs, appraisal and commissioner fees, and possibly sale commissions. Litigation can be costly and slow. Weigh the likely net recovery against the cost and time before filing. In many cases, mediation or a buyout saves money.

8. How to prepare if you plan to act

1. Collect title documents: deeds, mortgage records, and the probate file (if the property came through an estate).
2. Obtain a current appraisal or market analysis.
3. Gather records of payments for taxes, insurance, mortgage, and improvements since inheritance.
4. Get a written demand or settlement proposal drafted by a lawyer to show you tried to resolve the issue.
5. Consult an attorney experienced in Massachusetts partition law to review strategy and likely outcomes.

Relevant statutory starting point: M.G.L. c. 241 (partition) — https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter241.

Helpful Hints

• Begin with a calm, written proposal to buy out or sell. Courts favor parties who tried to settle first.
• Get an independent appraisal to anchor any buyout number or settlement offer.
• Ask for mediation before filing suit. Mediation is cheaper and faster than court.
• Document every payment you make for taxes, mortgage, insurance or repairs — the court can credit you for these contributions.
• Be realistic about costs: if the parcel is small and each owner’s share is modest, litigation costs may exceed your net benefit.
• If the co-owner is damaging the property or abandoning it, seek immediate legal advice about emergency court relief to protect the asset.
• Consult a Massachusetts attorney who handles partition and probate disputes early to evaluate strategy and timelines for your county and court.