Legal Question in Civil Litigation in Massachusetts

petition for partition

Since 2007, I have been trying to negotiate a petition to partition settlement out of court. Although the actual petition was filed in court, no settlement has been reached to date, and now Real Estate values are extremely low. I would like to stop litigating at this time, but I am told that the court will not allow this case to languish indefinately and could dismiss the case with no recourse for me to recover the value of my assets in the future. Dismissal would be fine with me, however, I would like to reserve the right to petition the same matter sometime in the future when the economy improves. Getting the defendant to agree to a dismissal with or without predjudice is not possible.


Asked on 3/30/09, 1:45 pm

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: petition for partition

You got a problem, as if you did not know.

The facts need to be reviewed, and contact me for assistance.

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Answered on 3/30/09, 8:45 pm


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