Partition Rules In Massachusetts
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FAQ
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.
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.”
Partition is a term used to refer to division of property among co-owners into separate portions. A co-owner of a property may demand partition of the property so that s/he may hold his/her share independently. Generally, there are two types of partitions. They are: partition in kind; and.
Generally, courts divide the costs of partition among the parties in proportion to their ownership interests or in a different manner when necessary to ensure equitable distributions.
A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the owners of property. It is sometimes described as a forced sale.
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.
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.