Legal Question in Real Estate Law in Massachusetts

Re: Partition Proceeding

First, if the Petition is not answered, then the court will proceed to appoint a "commissioner"and have the property sold. The parties usually share the cost of the commissioner, which may be substantial, and is in addition to any broker fee. The home is not auctioned.

You can, however, suggest to the court, if you wish, that the house be made into condos and divided as is, so that you own one and the other owner has one. There is a cost in that case which must be taken into account. Such a division of a property is actually the preferred method of partition, but in the absence of an agreement or a court order to make such a division, the house will be sold.

You are, of course, free to negotiate with the other party and agree that the house will be sold privately and the proceeds divided in some manner. Otherwise, the court will hear testimony as to how the proceeds are to be divided. Pyments toward mortgage, taxes, insurance, and improvements can be taken into account.

If you wish to have representation in this matter, please feel free to contact me.

Re: Partition Proceeding

If the other party does not answer, the Court will appoint a commissioner to sell the property by auction or listing. You and the other party will pay the fees equally.

Siince this is a two family, the Court may allow for the conversion of the property into Condo's and the cost shared by each side. You could then sell the unit. Courts prefer to divide property as opposed to forcing a sale.

If you need further assistance, please do not hesitate to contact me.