Legal Question in Real Estate Law in Massachusetts
petition partition
If I go through with this is it true that I will hardly anything from the sale
2 Answers from Attorneys
Re: petition partition
No one can answer your question without more information. However, if there is very little equity in the property, then you will get very little. There are factors that are applied to Petition for Partition including who put in the original equity, insurance and interest payments, etc. The court will appoint a person to sell the property, usually by auction with a minimum price, after paying the auctioneer the person appointed to sell it and his attorney, the proceeds are then distributed with the factors mentioned above taken into account.
If you want to discuss the matter more fully, you can call my office.
Re: petition partition
As noted, it depends upon many factors not stated in your question, including what the nature of your interest is, what the interest of others in the property is, etcetera. If someone, for example, has a life estate in the property, and you have part of a remainder interest, your share will be a portion of the equity after legal costs, costs of sale, reduced by the value of the life estate and further reduced by the shares of the other remaindermen. So, the short answer is, it may be true that you will receive very little.