Disclaimer: This article is for general information only and is not legal advice. If you need advice for your specific situation, consult a licensed Massachusetts attorney.

Detailed answer — what typically happens under Massachusetts law

When co-owners cannot agree on whether to keep or sell real estate, one co-owner can file a partition action in Massachusetts. The court prefers partition in kind (dividing the property physically) when fair division is feasible. When physical division is impracticable or inequitable, the court will order partition by sale. See Massachusetts General Laws, Chapter 240 for the statutory framework for partition actions: M.G.L. c. 240.

Here is a common sequence you can expect when the court appoints a commissioner to handle a private sale of a co-owner’s share:

1. Filing and initial court order. A co-owner files a partition complaint. After notice and any required hearings, the court decides whether to divide the property physically or to order a sale. If the court orders a sale, it typically appoints a commissioner to carry out the sale and report back to the court.
2. Commissioner appointment and instructions. The judge issues an order naming the commissioner and setting the scope of authority: whether the commissioner must hold a public auction, may conduct a private sale, or may accept offers subject to court confirmation. The order also typically sets deadlines for the commissioner’s report and may set minimum sale terms or require appraisals.
3. Notice to parties and marketing. The commissioner notifies all parties of marketing steps and proposed sale terms. The commissioner commonly obtains an appraisal or market analysis, lists and markets the property, solicits offers, and negotiates sales terms within the authority the court gave.
4. Private sale mechanics. If the court authorizes a private sale, the commissioner can negotiate and accept a private buyer’s offer, including an offer from an existing co-owner, subject to the requirement that the sale be commercially reasonable and in the owners’ interests. The commissioner documents the negotiations and the buyer’s qualifications.
5. Commissioner’s report and accounting. After a proposed sale, the commissioner files a written report and accounting with the court describing the sale process, the sale price, offers received, marketing efforts, and proposed distribution of proceeds (less costs, taxes, mortgages, liens, and the commissioner’s fees).
6. Court confirmation and objections. The court will set a date to review the commissioner’s report. All co-owners receive notice and have an opportunity to object. The court approves the sale if it finds the sale was conducted reasonably and the price is fair. If the court finds problems (insufficient marketing, unfair price, conflict of interest, or inadequate notice), the court can deny confirmation and order a new sale or other relief.
7. Closing and distribution. When the court confirms the sale, the transaction typically closes and proceeds are distributed according to ownership shares after satisfying mortgages, liens, taxes, court costs, and the commissioner’s fees. The clerk or the commissioner files any documentation necessary to transfer title.

Key legal protections for a co-owner in Massachusetts include the right to notice of the sale process, the right to object to the commissioner’s report, and the right to challenge the fairness of the sale or the commissioner’s conduct before the court confirms the sale. The court acts as the ultimate safeguard to ensure the sale is commercially reasonable and that each owner receives their proper share.

Hypothetical example: Three siblings jointly own a house. Two siblings want to sell; one refuses. One sibling files a partition action. The court determines the home cannot be fairly divided and appoints a commissioner to sell. The commissioner markets the property for 60 days, receives several offers, negotiates a private sale to an outside buyer, files a report with an accounting to the court, and the court reviews and confirms the sale after one sibling objects but the court finds the marketing and price reasonable. Proceeds are distributed after mortgage pay-off and fees.

Common documents and steps you should prepare for

• Title documents, deed, and chain of ownership.
• Mortgage and lien information for the property.
• Recent appraisals, property tax records, and utility bills.
• Copies of all pleadings and the court’s order appointing the commissioner.
• Evidence of any improvements or repairs and receipts for costs you believe should be credited.

What you can do if you disagree with the process or the sale

• File timely objections with the court when the commissioner files the report.
• Ask the court for an independent appraisal or valuation.
• Request additional discovery or document production to show the sale was insufficiently marketed or the price was unfair.
• Make a competing offer to buy out the other owners’ shares — courts often allow co-owners to purchase the property at a fair price.
• Consider settlement discussions or mediation to avoid a contested confirmation hearing.

Helpful hints

• Engage an attorney experienced in Massachusetts partition law early — they can protect your rights and deadlines.
• Get an independent appraisal so you can evaluate whether the sale price is fair.
• Keep organized records of your ownership percentage, payments toward mortgage/taxes, and any improvements you funded.
• Attend all court hearings and respond promptly to notices from the commissioner or the court.
• If a co-owner or the commissioner appears to have a conflict of interest (for example, a sale to a related party at an unusually low price), raise that objection in writing to the court.
• Be realistic about costs: court-appointed sales add fees and delay, which can reduce net proceeds.
• Consider settlement options (buyout or agreed sale) — they often save time and expense compared with litigated sales.