Aiello v. Aiello

The petitioner, Gerald Aiello, appeals from the denial of his request for contribution toward attorney’s fees and expenses incurred in prosecution of his petition for partition. We agree that the denial of his request was error, and remand for award of an appropriate amount.

Gerald brought a petition in the Probate and Family Court, seeking partition of property the parties (three brothers) owned as tenants in common. As a *915matter of record title, the parties each held an equal one-third interest in the property. However, in opposition to the petition, the respondents claimed that differential…