Massachusetts General Laws

Mass. Gen. Laws ch. 241, § 2 (2026)

Jurisdiction; probate courts; land court

✓ current as of July 2026

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Section 2. Probate courts and the land court shall have concurrent jurisdiction of all petitions for partition. Any petition for partition may be filed in the probate court for any county where any part of the land included in the petition lies, or in the land court for any land within the commonwealth. The petition may include any or all of the common land within the commonwealth.

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1929–2023 · leading case: Asker v. Asker, 396 N.E.2d 704 (Mass. App. Ct. 1979).

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Asker v. Asker, 396 N.E.2d 704 (Mass. App. Ct. 1979). · cites it 2× “G. L. c. 241, § 2. The petition alleged that the *636 land was held equally by the parties as tenants in common and sought the appointment of a commissioner to sell it for not less than $40,000.”

Sullivan v. Lawlis, 105 N.E.3d 274 (Mass. App. Ct. 2018). “G. L. c. 241, § 2. In the present case, the deed under which the parties acquired their title to the property did not specify how they *279 would hold their title.”

Howe v. Tarvezian, 894 N.E.2d 1173 (Mass. App. Ct. 2008). “Section 22 authorizes fees from the trial court of the partition action, either the Land Court or the Probate Court, under the jurisdictional grant of G. L. c. 241, § 2, for partition proceedings.”

Ritter v. Bergmann, 72 Mass. App. Ct. 296 (Mass. App. Ct. 2008). “This is in contrast, for example, to petitions for partition of land, as to which the “Probate [and Family Courts] and the [L]and [C]ourt shall have concurrent jurisdiction,” G. L. c. 241, § 2; and to actions brought pursuant to G.”

Delta Materials Corp. v. Bagdon, 599 N.E.2d 250 (Mass. App. Ct. 1992). “6 “Partition proceedings under G. L. c. 241, § 2, appear to be treated procedurally as equity proceedings in the Probate Courts [citations omitted], although that point is not clear from the statute.”

Moat v. Ducharme, 555 N.E.2d 897 (Mass. App. Ct. 1990). “See G. L. c. 241, § 2. He, therefore, expressly limited his decision with respect to the resi *750 dential property to an order restraining Ducharme from interfering with Moat’s use of it.”

O'Connor v. Boyden, 167 N.E. 268 (Mass. 1929). “The grounds, (1) that, since all the wrongs set forth in the bill arise out of a petition for partition, the entire matter is within the exclusive jurisdiction of the Probate Court under G. L. c. 241, § 2, and (2) that the present suit is an attempt to impeach collaterally the…”

Klein v. Mayo, 367 F. Supp. 583 (D. Mass. 1973). “The defendants, probate court judges who have exclusive jurisdiction over petitions for partition of property (Mass.Gen.L. ch. 241, § 2), are precluded from granting plaintiff’s request by Mass.”

Furnas v. Cirone (Mass. 2023). · cites it 2× “241,] § 2 ('Probate courts and the land court shall have concurrent jurisdiction of all petitions for partition').”

Tyrone Walker v. Juliane Pierre. (Mass. App. Ct. 2023). “The judge's reference to a possible "division of the value of the premises" may have been a reference to a claim for partition, which, under G. L. c. 241, § 2, would be within the concurrent jurisdiction of the Probate and Family Court and the Land Court.”

Maher v. Pervinich, 552 N.E.2d 126 (Mass. App. Ct. 1990). “The petitioner commenced this action in the Probate Court (see G. L. c. 241, § 2; Batchelder v. Munroe, 335 Mass.”

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