What Is a Petition to Partition? Your Quick Introduction to Property Disputes

When two or more people own property together, disagreements can happen. Maybe one person wants to sell the house, but the other doesn’t. Or siblings inherit a property and can’t decide what to do with it.

In Massachusetts, if the owners cannot agree, one of them can file something called a Petition to Partition. This is a court process that allows a judge to step in and make a fair decision about what happens to the property.

What Happens in a Partition Case?

There are two main ways the court can resolve the issue:

1. Partition in Kind (Splitting the Property):

   • If it’s possible, the court may physically divide the land.

   • Example: Splitting a large piece of land among siblings.

     
     

2. Partition by Sale (Selling the Property):

   • If the property can’t be divided (like a single-family home), the court may order a sale.

   • The proceeds are then divided among the owners, based on their respective share of ownership.

     
     

Why Would Someone File a Petition to Partition?

• One co-owner wants to sell, the other doesn’t

• Disagreements over upkeep, repairs, or expenses

• Inherited property among multiple heirs

• Divorce or separation when both parties own the home

  
  

Filing a petition to partition is often the last resort when private agreements aren’t possible.

How Does the Process Work?

1. Filing the Petition – A co-owner files in the Probate and Family Court or Land Court.

2. Court Review – The judge reviews the case and hears testimony from all parties involved.

3. Commissioner Appointment (if needed) – The court may appoint someone to oversee the sale or division.

4. Final Decision – The property is either divided or sold, and proceeds are distributed.

Common Questions

Can I stop a partition sale? Sometimes. If the parties reach an agreement (like a buyout), the sale may be avoided. But once the court orders a sale, it’s usually final.

How long does it take? It depends. Simple cases may take a few months, while contested instances can last longer.

Do I need a lawyer to file a petition for partition? Yes. While anyone technically has the right to file a petition to partition on their own, the process is far from simple. It involves strict legal procedures, court filings, deadlines, and sometimes even hearings with testimony and evidence. A mistake in paperwork or in presenting your case could cost you valuable time, money, or even part of your ownership rights.

An experienced Massachusetts real estate attorney can:

• Guide you through the process step by step so you understand what to expect

• Prepare and file all necessary paperwork correctly and on time

• Advocate for your interests in court to make sure you receive your rightful share

• Explore alternatives to litigation, such as buyouts or settlements, that might save you stress and money

• Ensure the property is valued and sold fairly if a sale is ordered

  
  

Because property disputes often involve family members, former partners, or long-time co-owners, emotions can run high. Having a lawyer gives you a neutral professional who can focus on protecting your rights and making sure the outcome is fair.

When siblings can’t agree on what to do with the family home, a petition to partition may be the only way forward.

How Murray Law Firm Can Help

At Murray Law Firm, P.C., we assist clients throughout Massachusetts in resolving real estate disputes, including petitions for partition. We understand the personal and financial stress these situations bring, and we work to protect your interests while finding the best solution.

Looking Ahead

This is a brief introduction to petitions for partition in Massachusetts and what they entail if you co-own property and can’t agree on its disposition. Over the next few weeks, we’ll be sharing more detailed posts that break down the process step by step, so you’ll know exactly what to expect and what options you have.

In the meantime, if you’re already facing a dispute or want to understand your rights better, our team at Murray Law Firm, P.C. is here to help. We’ve handled countless real estate disputes across Massachusetts, and we can guide you through the process with experience and care.

📞 Call us today to schedule a consultation and get the clarity you need.