Free Petition for Partition - Massachusetts

WPJan2 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Miscellaneous Case No.

PETITION FOR PARTITION (Names of petitioner[s] and the address of each petitioner): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (referred to in this petition as "petitioner", which term shall include each of those named above if there are more than one) represents that: Petitioner owns as co-tenant an undivided share of the following described land (referred to in this petition as the "land") in _______________________________________ (name of city or town in which the land is located) which petitioner wishes to own separately: (description of the land, sufficiently specific for identification [a street address and /or an assessor's plan reference, standing alone, is not enough])

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The street address of the land is ______________________________________________ The common title to the land is derived under: a deed of ____________________________ grantor(s) dated ____________________ recorded with ______________________________________ Registry of Deeds in book ____________at page _______________ and/or certificate of title _______________________ registered in book _______at page ______ in the _______________________________________Registry District of this Court (attach a certified copy of the current certificate of title)

or the will of _______________________________

or

as heirs at law of __________________________ late of _______________________________ (name of city or town), whose date of death was ______________________________ and, if applicable, whose will or estate is probated in case #_____________________of the Probate and Family Court of ____________________ County. The land is all part (indicate which) of the real estate held under that common title.

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The names and addresses of all the co-tenants (including each petitioner) and the proportion and nature of their respective shares are as follows:

NAME

ADDRESS

%

NATURE OF INTEREST*

Total

100%

*indicate the nature of the co-tenant's interest, for instance, "tenant in common". G. L. c. 241, § 6 requires a statement whether the co-tenant has "an estate of inheritance, for life or for years, whether in possession, remainder or reversion, and whether vested or contingent." A statement above that the co-tenant is a "tenant in common" will be taken to mean that the co-tenant has a vested interest in fee (an "estate of inheritance") in possession. These persons are or claim to be mortgagees, lienors, attaching creditors or other persons having encumbrances on the land: NAME ADDRESS NATURE OF INTEREST

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If a private sale is desired, complete the following: petitioner desires that the land be sold at private sale for not less than dollars. Accordingly, petitioner prays that the land be partitioned according to law, and to that end that a commissioner be appointed to make the partition by division of the land or by sale, either public or private, and conveyance of all or any part of the land which the Court finds cannot be advantageously divided, the commissioner to distribute and pay over the net proceeds of any sale in such manner as to make the partition just and equal. Each person identified above as "petitioner" certifies under the penalties of perjury that the statements set forth above are true to the best of his or her knowledge and belief. Dated this day of 20 .

Signature:_____________________ Signature:__________________________ Print name: Print name: Signature:_____________________ Signature:_________________________ Print name: Print name: Signature:_____________________ Signature:__________________________ Print name: Print name:

If persons interested assent, complete the following: We, being persons interested, assent to this petition. Signature:_____________________ Signature:__________________________ Print name: Print name: Signature:_____________________ Signature:_________________________ Print name: Print name: Signature:_____________________ Signature:__________________________ Print name: Print name:

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