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Posts tagged "partition"

Partitioning Real Estate Owned By A Trust

Trustees sometimes face beneficiaries disagreeing about how to maintain real estate owned by a trust, such as a family vacation home.  But does a trustee have standing to bring a partition action to sell Massachusetts real estate?  Likely not.  

As a Trustee, Can You Partition Real Estate Owned by a Trust?

Trustees sometimes face beneficiaries disagreeing about how to maintain real estate owned by a trust, such as a family vacation home.  But does a trustee have standing to bring a partition action to sell Massachusetts real estate?  Likely not.  

Massachusetts Partition Actions: An Overview

A partition action is a legal proceeding to force the sale of real estate that is held by multiple owners, and to fairly divide the sale proceeds among the owners.  A partition action is often used a last resort when one or more owners want to sell, but cannot agree with the other owners on the terms of the sale.  Partition actions are governed entirely by Chapter 241 of the Massachusetts General Laws.  "Any person, except a tenant by the entirety [a married couple], owning a present undivided legal estate in land, not subject to redemption" has a right to partition under Chapter 241.  M.G.L. c. 241, ยง 1.

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