Legal Question in Real Estate Law in Massachusetts

Petition to Partition in MA

I would like to force the sale of a house I own with a co-owner, but am wondering how low (price) the court is able to go when trying to sell the house. In other words, if I file this petition, do I have to accept any offer recieved or is there a process where we can say we don't won't sell it for less than a certain amount?

Do I need a lawyer to file this petition or can I do it myself?


Asked on 10/15/08, 12:18 am

3 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Petition to Partition in MA

First of all a partition to partition may only be used if you own as tenants in common, not as joint tenants.

While you can file the case yourself you would be better advised to retain an attorney who knows the law and the court rules.

The Court merely orders the property be sold, normally through a court appointed master for its fair market value as determined by appraisals.

Good Luck!

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Answered on 10/15/08, 5:12 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Petition to Partition in MA

You want competence and effectiveness. The Court will look at the property valuation to determine the reasonableness. Sometimes, the court will appoint a person to sell the property.

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Answered on 10/15/08, 6:04 pm

Re: Petition to Partition in MA

Any individual can represent themself in court but should be familiar with the law and procedures since opposing counsel likely will, and courts will hold each side to the same standard. The court does not sell the home, it orders the parties to sell the home and valuations are considered.

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Answered on 10/15/08, 9:47 am


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