Petition to partition form 2025

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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.
A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of Partition.
Reasons for Filing a Partition Action Common reasons include: Co-owners cant agree on how to manage the property: If the co-owners cant come to an agreement on decisions like maintenance, rental income distribution, or other financial matters, it may lead to a partition action.
There are at least several ways to win a partition action suit, not the least of which include: Selling your equity at a fair price. Selling the house on the open market. Receiving compensation for money put into the home. Renting the property. Keeping the property for yourself and buying out the other co-owners.
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
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Attorney fees for even the most simple of partition actions could exceed $5,000. Even if the partition lawsuit is uncontested, there are many steps and lots of paperwork, which requires a significant amount of attorney time. And if the matter is contested or complicated, costs can exceed $15,000 or even $20,000.
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.

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