Real Property Disputes & Partitions
Our office advises owners of real estate throughout Massachusetts in establishing property ownership agreements, mediating property disputes among multiple owners, negotiating buyouts, and bringing partition actions to force the sale of commonly owned real estate.
When two or more people own real estate together, each owner has obligations and rights with respect to the common property. Each co-owner has an obligation not avoid waste or damage to the property, an obligation to maintain and repair the property, as well as the right to use and enjoy all parts of the property, and all income derived from the property. Since each co-owner has a fractional ownership interest in the entire property, it takes all owners to voluntarily sell or refinance a property.
Filing a partition action in the Land Court or a local Probate and Family Court becomes necessary when co-owners have exhausted all attempts at cooperation or compromise, or where one co-owner is absent or is placing the property at risk. In a partition action, a co-owner asks the court to force the sale of the property and to equitably, or fairly, divide the proceeds among all owners. Unless the parties can agree to sell the property, the court will appoint a commissioner to market and sell the property on behalf of the parties, usually at some significant cost.
The parties in a partition action may ask the court to provide adjustments or credits in allocating the proceeds of sale among the co-owners.
Vaughn-Martel Law represents clients in Suffolk County, Middlesex County, Essex County, Norfolk County, Plymouth County, Bristol County, Worcester County, Hampden County, and Franklin County. In Suffolk County MA, our Boston divorce attorneys and other attorneys can represent you if you reside in Allston MA 02134, Boston MA, East Boston MA 02128, Back Bay MA 02116, Beacon Hill MA 02114, Brighton MA 02135, Revere MA 02151, Cambridge MA 02139, Cambridge MA 02140, Charlestown MA 02129, Jamaica Plain MA 02130, Winthrop MA 02152, Roxbury MA 02118, Roxbury Mission Hill MA 02120, and Chelsea MA 02150.