A partition action enables you to force the sale of property when coowners are refusing to sell. The Petition to Partition can be filed at the Probate and Family Court in the county where the property is located, or at the Massachusetts Land Court.Following a petition from one or more of the co-owners, the court will schedule a hearing to determine how to approach partitioning the property equitably. In New Hampshire and Massachusetts, unmarried co-owners of jointly-held real estate can file a Petition to Partition Property to divide their co-owned property. The person wanting out of the ownership can file a Petition to Partition. Under Massachusetts law, such a partition will result in a "just and equitable division" of the property. In such a situation, one party may petition the Land Court or Probate Court in Massachusetts for a Petition to Partition. Thankfully, Massachusetts law offers an "exit strategy" for this potential mess, in the form of a petition for partition. This procedure entails selling the entire property and dividing the money among the co-owners based on their shares. In short, your partition lawsuit should name as defendants all co-owners and anyone who claims an interest in the property, such as mortgage or lien holders.
