As previously discussed in our blog post regarding the Nuts and Bolts of a Petition to Partition, a partition proceeding is a legal action to dispose of jointly held property "to balance the rights and equities of the parties concerning the property at issue." Gonzales v. Pierce-Williams, 68 Mass. App. Ct. 785, 787 (2007), quoting Moat v. Ducharme, 28 Mass. App. Ct. 749, 751 (1990). In order to balance the equities of the parties, the court has wide latitude, in equity, to determine how the proceeds from a partition sale the partition should be distributed. See G. L. c. 241, § 25.
In real estate law, the partition of land (and buildings thereon) is a useful, and often necessary tool , that can be used to divide property when the land is owned by two or more individuals holding undivided interests. The right to partition is an absolute right and does not require the consent of other co-tenants. Notably, partition is not available in those cases where the land is held by husband and wife as tenants by the entirety.