WARD & ASSOCIATES
PARTITION ACTIONS

When co-owners of real estate want to cease being co-owners, but cannot agree on the terms or timing of the break-up, what is known as a partition action is sometimes appropriate. A partition action is brought by one co-owner against another such as by one family member against another where the property would suffer because of the intransigence of the co-owners, were the court not asked to intervene.

In the process, ownership, an accounting and future disposition of the property are determined by the court. Acccounting for property improvements made by a co-owner, the respective shares of debt and the equity related to the property to be distributed to each co-owner upon sale of the property are resolved as well. The court is empowered to sell the property to a third party and divide the proceeds among the co-owners. Or, it may order sale of one co-owner's share of property  to another owner who does not wish to sell his or her interest.

There are also times when a partnership dissolution is the most appropriate method of terminating the co-ownership when it is found that a real estate partnership exists. 

Please contact us if you are stuck or if someone you know is stuck in a piece of real estate and your co-owners will neither buy out your interest on reasonable terms nor agree to profitable management of the property.

Please pass this site on to a friend or acquaintance you may know with problems of property ownership.

Ward & Associates is a State Street law firm in downtown Boston, Massachusetts dedicated to helping clients first avoid legal troubles with proper legal planning and then dedicated to helping our clients successfully overcome legal problems which proved unavoidable. ©