Legal Question in Real Estate Law in Massachusetts

I would say that if the plaintiff can prove they have an interest (ownership) in the real estate, it is going to be didfficult to stop an eventual sale.

There are really very few defenses to a petition to partition. One such defense would be that the person seeking the partition does not have sufficient legal title to the property. Although not a defense, a defendant might avoid a partition if he is willing and able to "buy-out" the petitioner's interest in the property at an agreeable price.

A co-owner has the right to seek a partition in the courts. If the property can be physically divided, the court will order a partition-in-kind. If the property is not physically divisible, the court will order a partition-by-sale.

If you are seeking to partition a jointly-owned property, or someone has filed a partition action against you, please feel free to contact my offices for assistance. Chris 617-357-4898.

Only in cases where there are issues of title or fraud in taking title or where there are other agreements that would prohibit the right to Petition for Partition, such as a promise of a life estate in exchange for a deed of the property interest.