Legal Question in Civil Litigation in Massachusetts

Re: Housemates

no.

Re: Housemates

The short answer is no. Each person on the title has the equivalent right to the use and enjoyment of the property, as well as to rents derived from the property. In the event of a dispute concerning occupation of the property, a device known as a petition for partition (which is filed in the probate court) is available to you as a remedy. In a petition for partition, the court has the power to appoint someone to sell the property and divide the proceeds (and has the power to adjust how the proceeds are divided based on who has lived there, contributed funds to mortgage/taxes/insurance/maintenance, and who has realized any rental income from the property. It can also make orders as to who (if anyone) gets to live in the property during the pendency of the petition.

Feel free to contact if you wish to discuss this matter in further detail.

Re: Housemates

Barring any issues of domestic or other abuse, or the existence of some written agreement otherwise, the answer is no. Each tenant-in-common has an equal right to the use and possession of the entire property. Neither co-owner may 'oust' the other co-owner from any portion of the property.

Please feel free to contact my firm should you require any further assistance in understanding or mediating the rights of the parties concerning your property.