Partition And Exchange Agreement With Waiver Of Rights In Massachusetts
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Either of the individuals may also convey their interest without the consent of the other, thereby breaking the “joint” tenancy. In this case, the existing owner will hold title as a tenant in common with the new ownet.
A petition to partition is a legal action that can be taken by co-owners of property who cannot agree on how to use or manage the property. The petition asks the court to divide the property into separate shares or to sell the entire property and distribute the proceeds among the co-owners.
The actual time it takes from when a partition case is filed to when the land is partitioned physically, by sale, or by set-off varies from case to case. In general, partition cases can take several months or even years to resolve.
Subsequent to registration cases are legal proceedings. They modify, add, or update registered land records due to changes in the land's title or ownership. They are also known as “SBQ Cases,” “Subsequent Cases,” or “S-Cases.”
To initiate a petition to partition, one or more co-owners must file a petition with the court that has jurisdiction over the property. The petition must include a description of the property, the names of all co-owners, and a statement of the nature of the disagreement or dispute between the co-owners.