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Petition for Partition

Indo - Administrative Office Of The Land Court Department

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WPJan2COMMONWEALTH OF MASSACHUSETTSLAND COURTDEPARTMENT OF THE TRIAL COURTMiscellaneous 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 aboveif there are more than one)represents that: Petitioner owns as co-tenant an undivided share of the following described land (referredto in this petition as the “land”) in _______________________________________ (name of cityor 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 anassessor’s plan reference, standing alone, is not enough])1The street address of the land is ______________________________________________The common title to the land is derived under:a deed of ____________________________ grantor(s) dated ____________________ recordedwith ______________________________________ Registry of Deeds in book ____________atpage _______________ and/or certificate of title _______________________ registered in book _______at page ______ in the _______________________________________Registry District of this Court (attach acertified copy of the current certificate of title) orthe will of _______________________________oras heirs at law of __________________________late of ...

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Publié par	Indo
Nombre de lectures	10
Langue	English

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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])

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

____________

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.

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

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

Signature:

_____________________ Signature:__________________________

Print name:

Signature:

_____________________ Signature:_________________________

Print name:

Signature:_____________________ Signature:__________________________

Print name:

If persons interested assent, complete the following:

We, being persons interested, assent to this petition.

Signature:

_____________________ Signature:__________________________

Print name:

Signature:

_____________________ Signature:_________________________

Print name:

Signature:_____________________ Signature:__________________________

Print name:

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