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    • Massachusetts Foreclosure Law Blog
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Tag: Partition

Massachusetts Property Law Blog

How to Respond to a Petition for Partition

Adam T. Sherwin, Esq. Jan 3, 2023 Tagged with Partition

The question of how to respond to a petition for partition usually arises when a property owner receives a lawsuit from Land Court or Probate and Family Court, notifying them that a co-property owner wants out of jointly owned property. more »

Massachusetts Property Law Blog

Massachusetts Partition Process

Adam T. Sherwin, Esq. Apr 15, 2022 Tagged with Land Court, Partition

The Supreme Judicial Court issued an informative decision last week concerning the Massachusetts partition process. The full decision, Battle v. Howard, is included below. This case provides a good overview of dividing real estate among property owners and how the more »

Massachusetts Property Law Blog

Buying a Home With Others: What to Know

Adam T. Sherwin, Esq. Dec 21, 2021 Tagged with homeownership, Partition

A recent article discusses a growing trend of millennials buying a home with others. The reasons for doing so make complete sense, given rising home prices and a competitive buyer’s market. Here, I’ll discuss some things to consider before making more »

Massachusetts Property Law Blog

Dividing a Home Among Non-Married Persons

Adam T. Sherwin, Esq. Oct 27, 2021 Tagged with Land Court, Partition

Dividing a home becomes necessary when multiple persons or businesses own property together, and one wants out. For married couples, the process of dividing such property generally occurs through a divorce. For non-married persons, such as siblings who own inherited more »

Massachusetts Property Law Blog

Settling a Partition Case in Massachusetts

Adam T. Sherwin, Esq. Aug 2, 2021 Tagged with Partition, success stories

I was recently successful in settling a partition case for several of my clients, who co-owned a vacation property with several other family members. My clients wanted the home sold and the other family members did not. I was retained more »

Massachusetts Property Law Blog

How to Divide Property Between Family

Adam T. Sherwin, Esq. Jan 25, 2021 Tagged with Partition

The topic of how to divide property between family often comes up when family members own property together, and one member wants out. This most commonly occurs, in my experience, through the inheritance of property among siblings, after a parent more »

Massachusetts Property Law Blog

Fixing a Real Estate Mistake in Massachusetts

Adam T. Sherwin, Esq. Jan 15, 2021 Tagged with Partition, quiet title, real estate, reformation

Mistakes happen . . . especially in real estate. The legal options for fixing a real estate mistake vary based on the circumstances and the dispute that must be resolved. Fortunately, Massachusetts law provides a number of causes of action more »

Massachusetts Property Law Blog

Dividing Property Through Partition: Three Things to Know

Adam T. Sherwin, Esq. Jul 10, 2020 Tagged with Partition, real estate

Dividing property through partition is the legal process by which an owner of real property can force the sale of property owned with a co-owner. In Massachusetts, a partition case may be filed in Land Court or Probate and Family more »

Massachusetts Property Law Blog

Forced Sale of a Home – Understanding Massachusetts Partition Cases

Adam T. Sherwin, Esq. Jul 25, 2017 Tagged with Land Court, Partition

Real estate is commonly owned by multiple persons.  It is not unusual for married couples, family members, and even friends to own real estate together, and share in the responsibilities and upkeep of the property.  When everyone is fine with more »

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