Legal Question in Wills and Trusts in Massachusetts

As with anything, you can attempt to bring a petition for partition in court without an attorney. I would not recommend it, however. I notice you use the words "which we all agree upon". If there is any chance that the parties can agree to either (i) sell the property or (ii) buy out the interest of anyone who no longer wishes to own the property, this can be done without the time and expense of a court-ordered partition.

Depending upon your situation, a payment plan or contingent fee arrangement of some kind could be used. If you would like to discuss your options, please feel free to contact my office at 617-357-4898.

You are not clear if the home is in Probate and you are the executor or administrator or if there are multiple owners who want to sell the home but cannot agree. Your options are different.

I will assume you are an administrator or executor of an estate and you want to sell the home. You need to obtain an appraisal. Based on the appraisal you should file a Petition or License to sell the property and give notice to the beneficiaries of the estate. The court will allow you to sell the home for a price of not less than $X based on the appraisal.

If this is a multiple owner situation and the parties cannot agree to sell, then you file a Petition to Partition. You should have an appraisal or at least a broker's market study to base a request for sale of the property for a price of not less than $X. The other party can contest the price by bringing in their own appraisal or seeking to divide the property if it can be reasonably be divided.

I would strongly suggest you use an attorney to advise you in either case. However, you can do it yourself if you like.

I would be happy to discuss the matter with you without obligation. Please feel free to contact me.