Massachusetts General Laws

Mass. Gen. Laws ch. 241, § 12 (2026)

Commissioners; appointment; duties

✓ current as of July 2026

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Section 12. If the court determines the petitioner entitled to partition, it shall thereupon appoint one or more disinterested commissioners and issue a warrant to them to make partition. The commissioners, before entering upon their duties, shall be sworn to execute the warrant faithfully and impartially, and a certificate of the oath shall be made on the warrant by the person administering it. They shall give at least seven days' notice of the time and place appointed for making the partition, either personally or by registered mail, to all known persons interested therein, and shall make and sign a report of their doings and return it with their warrant.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1923–2021 · leading case: Stylianopoulos v. Stylianopoulos, 455 N.E.2d 477 (Mass. App. Ct. 1983).

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Stylianopoulos v. Stylianopoulos, 455 N.E.2d 477 (Mass. App. Ct. 1983). “241, § 10, and, thereupon, the court in accordance with G. L. c. 241, § 12, shall appoint one or more disinterested commissioners and issue a warrant to them to make partition.”

Delta Materials Corp. v. Bagdon, 599 N.E.2d 250 (Mass. App. Ct. 1992). “If a determination is made that a scheme involving physical division of one *340 or more of the parcels is feasible and advantageous, a commissioner may be appointed pursuant to G. L. c. 241, § 12, to assist the court in making partition.”

O'Riorden, 244 Mass. 472 (Mass. 1923). “279, § 12, now G. L. c. 241, § 12, to make partition of sixty-six parcels of real estate “ aggregating in value $600,000,” which “ran the gamut from cheap lots and shabby buildings to high class expensive apartment houses.”

Marianne Poulos v. Peter a. Poulos., 100 Mass. App. Ct. 40 (Mass. App. Ct. 2021). “See G. L. c. 241, §§ 12, 31. In 2018, the commissioner sold the property for $1.”

Leombruno v. Lowre, 111 N.E.3d 304 (Mass. App. Ct. 2018). · cites it 2× “G. L. c. 241, § 12. 12 The responsibility to decide whether the property should be divided or sold, however, belongs to the judge.”

Carlson v. Mayer, 30 Mass. L. Rptr. 3 (Mass. Super. Ct. 2012). · cites it 3× “20, 33 (1982); G.L.c. 241, §12. Nevertheless, the fact that partition commissioners in Massachusetts do not determine how to make partition is not fatal to the court’s analysis in the instant case as the First Circuit has previously characterized the function of selling real…”

Gifford v. Burke (Mass. App. Ct. 2018). “See G. L. c. 241, § 12. Nevertheless, the process did not go smoothly.”

Gifford v. Burke, 94 N.E.3d 407 (Mass. App. Ct. 2017). “See G. L. c. 241, § 12. Nevertheless, the process did not go smoothly.”

Leff v. King, 104 N.E.3d 685 (Mass. App. Ct. 2018). “6 Finally, with respect to the final decree on the petition for partition, Karen argues only that she did not receive notice of the time and place of the sale as required by the statute, G. L. c. 241, § 12, and that, therefore, the partition should be vacated and the final…”

Barrow v. Barrow, 122 N.E.3d 1101 (Mass. App. Ct. 2019). “But, after the trial, at which the commissioner testified and Anita failed to appear, the judge found as fact that the commissioner "fulfilled her duties in a professional, competent manner in keeping with the highest professional standards expected of a [c]ourt-appointed…”

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