Legal Question in Real Estate Law in Massachusetts

Petition for partition

My sister and I are tenants in common on my deceased parents house. My sister has lived there for 40 years and paid rent to my parents until they died in October, 2008.

I want her to buy me out or to sell the property outright and split the proceeds, she wants neither as she is now conveniently living there for free.

So I will probably have to file a petition for partition. I'm wondering how complicated this could become and what the likelihood of me being able to do this successfully are.

What do you think?

Thanks for your help.


Asked on 7/01/09, 7:33 pm

4 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Petition for partition

As the others have said, there is no reason why you would not be successful in either negotiating a buy-out or forcing the sale of the home.

You should contact an attorney to assist you, however. Don't hesitate to contact my office if we can be of further assistance.

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Answered on 7/02/09, 12:29 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Petition for partition

Partitions are relatively simple. Usually there are nearly no defenses to this action.

If you need assistance, contact me.

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Answered on 7/02/09, 2:16 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Petition for partition

Retain an attorney to assist you. It should be fairly straightforward. Good Luck!

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Answered on 7/01/09, 7:36 pm

Re: Petition for partition

You have a good likelihood of success in succeeding with the Petition for Partition. I suggest you contact an attorney like myself who deals with such matters on a regular basis.

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Answered on 7/01/09, 8:56 pm


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