Understanding Your Options When the Other Side Asks the Court Only to Sell the House

This article explains, under Massachusetts law, what you can do if the other party asks a court to order the house sold but does not propose any buyout terms. The guidance covers both co‑owner/partition disputes and divorce/property‑division situations. This is educational information only and is not legal advice.

Detailed Answer — What the court can do and your practical options

1) Identify the legal context: partition vs. divorce

First, determine whether the case is a partition action between co‑owners (neighbors, family members, or investors who hold title together) or a divorce/family court matter where the house is marital property. The procedures and available remedies differ:

Partition action: a co‑owner can bring an action for partition. In Massachusetts, a partition action asks the court to divide property among owners or order a sale and divide proceeds. See M.G.L. c. 240 on actions of partition: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter240.
Divorce/property division: in divorce cases the Probate and Family Court resolves division of marital property through equitable principles; the court can order a sale, a buyout, or other arrangements as part of equitable distribution. See the statutes governing divorce and related remedies at Chapter 208: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIV/Chapter208/Section34 (and related sections of Chapter 208).

2) If the other side only asks for a sale, the court may still consider alternatives

Even if the opponent asks only for sale, courts generally have discretion to fashion equitable remedies. The court can order a sale, a partition in kind (rare for single‑family homes), or an award that allows one party to buy out the other for an appraisal‑based price. In divorce cases, the court can distribute property equitably rather than strictly requiring sale. In partition cases, the court may order sale if partition in kind is impracticable.

3) Practical options you can pursue right away

Respond formally: File a timely answer or response in the case. If you do not respond, the court may enter a default order. In your response you can request buyout terms, ask for an appraisal, or ask the court to deny a sale or delay it while alternatives are explored.
Ask the court for a valuation/appraisal: Request that the court order an impartial appraisal so that fair buyout numbers are available. An appraised fair market value (FMV) is the usual starting point for buyout offers and equitable division.
Propose buyout terms to the court and other side: Offer concrete buyout terms — e.g., one party buys the other out at the appraised FMV minus mortgage and other encumbrances, with credits for payments and costs. Propose a financing timeline and who pays closing costs and transfer taxes.
Request mediation or settlement conference: Courts commonly refer property disputes to mediation. Mediation lets you negotiate buyout price, payment terms, and who will handle mortgage payments and upkeep until closing.
Motion for temporary possession/use and payment orders: If you live in the home, ask the court to let you remain temporarily and to allocate mortgage, taxes, insurance, and repair costs until a final resolution — this prevents unfair loss of equity while proceedings continue.
Counterclaim or alternative relief: In divorce cases, you can ask the court for equitable distribution that awards the property to you subject to a fair offset rather than an immediate sale. In partition cases you can request partition in kind (if feasible) or delay sale pending buyout.
Prepare to finance a buyout: If you want to buy out the other owner/spouse, explore refinancing, a new mortgage in your name, or a bridge loan. Lenders often require proof of income and equity documentation. Prepare loan preapproval if you expect a court‑ordered schedule for buyout.

4) What buyout terms should include?

If you reach a buyout proposal or ask the court to impose buyout terms, include:

Method for determining price (e.g., court‑ordered appraisal or average of two appraisals)
Allocation of mortgage payoff, existing liens, and prorated taxes and utilities
Payment schedule or deadline for closing and who pays closing costs
Handling of capital improvements and credits for recent repairs
Who will execute deed transfer and when liens will be released

5) If the court orders sale despite your objections

If the court orders sale, you can still protect your financial interests:

Ensure an accurate appraisal and allow adequate marketing time to maximize sale price.
Seek credit for costs you paid toward the mortgage, taxes, and repairs.
Make sure the sale process and division of net proceeds are clearly spelled out in the order (expenses, commissions, payoff of liens, distribution percentages).
If you believe the order is unfair, discuss appeal options with counsel — appeals have deadlines and are fact‑driven.

6) Timeline and court practicalities

Partition and divorce schedules vary. Courts often order appraisals and temporary orders first, then set settlement conferences or hearings. Expect weeks to months for appraisals, and additional months if the court orders marketing and sale. Acting quickly to request the relief you want and to submit evidence (financials, mortgage statements, tax records, photos of condition, repair receipts) improves your position.

Helpful Hints

Document ownership: pull the deed, mortgage statements, tax bills and insurance documents as soon as possible.
Get a CMA and consider an independent appraisal to understand fair market value before negotiating.
Keep a record of who paid mortgage, taxes, insurance and repairs; courts credit payments that preserve value.
Consider mediation — it’s cheaper, faster, and gives you control over buyout terms compared with a court‑ordered sale.
If you want to stay in the house, start exploring refinance options early — lenders need time for approval and underwriting.
Be explicit about costs: mortgage payoff, brokerage commissions, closing fees and outstanding liens reduce the net proceeds and affect any buyout number.
Ask the court for detailed orders that specify how the sale will be conducted and how proceeds will be divided — vague orders lead to disputes later.
Talk with a Massachusetts attorney experienced in partition or family law to meet procedural deadlines and to present buyout proposals effectively.

Disclaimer: This article is informational only and does not create an attorney‑client relationship. It is not legal advice. For advice about your particular situation, consult a licensed Massachusetts attorney who can analyze the facts and deadlines in your case.