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) 

the will of _______________________________

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.

or

or

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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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