Boston Massachusetts Petition for Partition

State:
Massachusetts
City:
Boston
Control #:
MA-LND-006
Format:
PDF
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Description

This is an official form from the Massachusetts Court System, which complies with all applicable laws and statutes. USLF amends and updates these forms as is required by Massachusetts statutes and law.

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FAQ

In an estate, the best way to stop a partition action is to use estate planning techniques before death, such as making a will which directs for the property to be sold and to not have anyone use the property after the original owner's death, or to create a trust (if tax-appropriate).

How Long Does a Partition Action Take? If you have to go to court, the process could take around two years from start to finish. However, if you can agree through mediation, the process could take significantly less time.

If there is a judicial partition of estate, the heirs must: File a petition in the proper court (The RegionalTrial Court of his/her place of residence if the property owner is a Philippine resident and any Regional Trial Court of his/her current province if the property owner is a foreign resident.)

When an action for partition is filed, the opposing party has an opportunity to respond to this action by filing an answer. An answer to a partition action is a pleading by the defendant in response to the plaintiff's complaint for partition.

A partition suit is a proceeding instituted by either of the parties when a property dispute arises in the family. Partition Deed is an official document, created either by order of the Court or through negotiation between the parties. Basically, it represents the portion of the property claimed by each of the party.

After the Partition Deed is executed, each co-owner becomes the absolute owner of their share of the property and they can dispose of the property as they want it to. This means that they can sell, transfer or gift it to anyone as they want.

Process and Timeline of a Petition to Partition A partition proceeding takes from 1 1/2 to two years to go to trial. The process can take longer because it depends on how complicated the case is, the disputes between the involved parties, and the court's schedule.

There are three methods of Partition provided by state law: (1) Partition by Physical Division, (2) Partition by Sale, and (3) Partition by Appraisal. Also known as ?Partition in Kind,? a Partition by Physical Division requires the Court to divide the land by its proportional value.

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Boston Massachusetts Petition for Partition