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What is the partition law in Massachusetts?

In Massachusetts, the law on partition is set forth in Chapter 241 of the Massachusetts General Laws. This law allows property owners to end their co-ownership of property by bringing a case in either the Land Court or the Probate and Family Court.

Who pays attorney fees in partition action?

The partition attorneys fees and costs are typically paid from the proceeds of the sale of property once the partition action is resolved. By including attorneys fees in the sale of property, the party initiating the partition action ensures that each party pays their fair share of the partition lawsuit.

How does a partition sale work?

A petition for partition occurs when two or more property owners cannot agree on what to do with it. For instance, one owner may want to sell, and the other wants to rent. If the parties cannot reach an agreement, filing a petition for partition becomes an option to compel the sale of the property.

How much does a partition action cost in MA?

Equity fees Type of pleadingFiling feeSurcharge (if applicable) Complaint to Correct Birth Record $240 $15 Partition, Petition $240 $15 Restrain a Personal Representative, Complaint $240 Specific Performance, Petition $240 $153 more rows

How do you beat a partition action?

Here are some of the most common ways to win a partition suit: Getting bought out at a fair price. The property being sold on the open market. Getting a co-owner to move out of the property so it can be rented. Getting reimbursed for the funds you put into the property.