What is a court ordered partition?

A court ordered partition is a legal proceeding that can be used to divide real or personal property in which more than one person has an ownership interest. It is most commonly used when two or more joint owners cannot agree on how to divide their jointly-owned property. In Massachusetts, a court-ordered partition is initiated by filing a Complaint for Partition with the Probate and Family Court. The purpose of a partition is to fairly distribute the property among the owners, usually according to the number of owners. In many cases, this will involve physically dividing the property into separate portions, although this is not always the case. It is also possible to award each co-owner cash or other assets in lieu of a physical partition. The court may also consider the value of the property when determining how to divide it. The court will survey the property and consider which party would be unfairly treated if the property were divided unequally, based on its value. In some cases, the court may also be able to order a sale of the property and then disperse the proceeds among the co-owners. Although it is possible to reach an agreement with the other owners without the need for a court ordered partition, this can be difficult. If an agreement cannot be reached, a partition action is the best way to ensure a fair outcome.

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