Real Estate & Lease Litigation: April 2014 Archives

Massachusetts Partition Actions: Division of Sale Proceeds

Massachusetts partition actions do not always end with the court-ordered sale of the real estate in question. After a property being partitioned is sold, the proceeds of the sale must be divided between the co-owners. The law presumes that the proceeds should be divided in accordance with each owner's respective ownership interest. For example, if there are two owners who each own 50% of the property, the law presumes that the owners should each receive 50% of the sale proceeds.

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