Massachusetts General Laws

Mass. Gen. Laws ch. 241, § 1 (2026)

Persons entitled to partition

✓ current as of July 2026

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Section 1. Any person, except a tenant by the entirety, owning a present undivided legal estate in land, not subject to redemption, shall be entitled to have partition in the manner hereinafter provided. If such estate is in fee, he shall be entitled to partition in fee; if a life estate or a term for years, he shall be entitled to partition thereof to continue so long as his estate endures. A life tenant or a tenant for years of whose term at least twenty years remain unexpired may, in the discretion of the court, have partition of the fee. The existence of a lease of the whole or a part of the land to be divided shall not prevent partition, but such partition shall not disturb possession of a lessee under a lease covering the interests of all the co-tenants.

Notes of Decisions

Cited in 30 cases (4 in the last 5 years), 1960–2023 · leading case: Ciani v. MacGrath, 114 N.E.3d 52 (Mass. 2019).

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Ciani v. MacGrath, 114 N.E.3d 52 (Mass. 2019). · cites it 2× “As such, we are confident that the Legislature chose its words carefully and with knowledge of their significance in this context.”

Sullivan v. Lawlis, 105 N.E.3d 274 (Mass. App. Ct. 2018). · cites it 2× “See G. L. c. 241, §§ 1, 4, 31 ; Delta Materials Corp .”

D'Ercole v. D'Ercole, 407 F. Supp. 1377 (D. Mass. 1976). · cites it 3× “See Mass.Gen.L. ch. 241, § 1. The tenancy by the entirety is designed particularly for married couples and may be employed only by them.”

Coraccio v. Lowell Five Cents Sav. Bank, 612 N.E.2d 650 (Mass. 1993). “See also G. L. c. 241, § 1 (1990 ed.) (prohibiting voluntary partition for tenancies by the entirety).”

Hershman-Tcherepnin v. Tcherepnin, 891 N.E.2d 194 (Mass. 2008). “See G. L. c. 241, § 1 (“Any person . . . owning a present undivided legal estate in land .”

Lima v. Lima, 570 N.E.2d 158 (Mass. App. Ct. 1991). · cites it 2× “The first, partition, is available only to one holding a present, possessory, undivided interest in land (see G.L.c. 241, § 1; Devine v. Deckrow, 299 Mass.”

In Re Abdallah, 39 B.R. 384 (Bankr. D. Mass. 1984). “See M.G.L. c. 241 § 1. However, the husband could dispose alone of his survivorship right, while the wife could not so dispose of her survivor-ship.”

Gray v. Burke (In Re Coletta Bros. of North Quincy, Inc.), 172 B.R. 159 (Bankr. D. Mass. 1994). “In Massachusetts, the partitioning of land is governed by G.L. c. 241, § 1 et seq. The notice requirement is set forth in G.”

Asker v. Asker, 396 N.E.2d 704 (Mass. App. Ct. 1979). “780, 783 [1972]); that the plaintiff, as a tenant in common, was entitled as matter of law to partition (see G. L. c. 241, § 1; O’Brien v. Mahoney, 179 Mass.”

Salem v. Coombs (In Re Coombs), 86 B.R. 314 (Bankr. D. Mass. 1988). “Mass.Gen.L. ch. 241, § 1; see Maddams v. Maddams, 352 Mass.”

Normandin v. Normandin (In Re Normandin), 106 B.R. 14 (Bankr. D. Mass. 1989). “There is nothing in § 363 which expresses a contrary intent on the part of Congress. The Supreme Judicial Court of Massachusetts has dealt with the somewhat similar question of whether a partner may obtain partition of partnership property under Mass.”

Alexander v. Snell, 424 N.E.2d 262 (Mass. App. Ct. 1981). “Although the defendant claims that an agreement not to assert a right of partition is inconsistent with the terms of a deed creating a joint tenancy as that estate includes a right of partition, see G. L. c. 241, § 1, considerable authority upholds the contractual obligation of…”

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