Legal Question in Real Estate Law in Massachusetts
What is the approximate charge of filing a petition to partition action
in Massachusetts?
4 Answers from Attorneys
Call the clerk of the court civil division or visit the fee page of the court's web site.
The court cost is right at $195.00 plus whatever service fees are involved (depending on how you want to get service accomplished to notify the other side). Attorney fees on something like that would be several thousand dollars, depending on the specific attorney you hired. If I did it for you, I would charge you $300. You are welcome to call me to talk about this further anytime you wish, including this weekend. You can call at the number listed on the bio page at this site or at this number nine one five two six one thee eight nine three
Mr. Hall is offering to fill out forms for you and is in Texas, MA law is a little different than most of the other states as it relates to Property law.
A Petition for Partition can become complicated and is not necessarily a simple matter, depending upon the circumstances. It can also be expensive since the court will appoint a commissioner to sell the property and he may have his own counsel.
Additionally, you need to have a minimum value for the sale of the property if the property cannot be divided into parts of equal value.
I would strongly suggest you use an attorney to assist you, but you can certainly try to do it yourself.
As was already mentioned, the fee for filing the petition and having it properly served, and then properly recording notice in the registry of deeds, is relatively inexpensive. You should sit down with an attorney and see if it makes sense to go forward with a petition to partition. Have you attempted to send the other party a demand first? In addition to the cost of an attorney, a special master or commissioner will be appointed by the court, and will also charge a fee.
I just recently handled one of these matters, and would be happy to discuss the various costs and issues with you directly. Best of luck!