Legal Question in Real Estate Law in Massachusetts
Alternatives to partition
My sibling and I have ownership of our parents home �tenants in common�. He wants to buy my share of the home. I have been patient but it has been over six months and he keeps dragging it out. He has moved into the home and in the meantime he is renting his home out. I have a serious concern that he thinks that he can take over the house and tell me to get lost. I live across the country and it has been frustrating, now he will not return any phone calls. I do not think he can get the funds to buy the home (he has made reference that his credit is not good). The way things are going I know he will not take the time nor make the effort to have get a real estate agent and put the house on the market. Since this all has happened he refuses to pay taxes and insurance on the home � he expects me to do this.
What are my alternatives, is having the home partitioned my only resort? What kind of fees and costs are involved with a partition.
Thank you in advance for your thoughts!
4 Answers from Attorneys
Re: Alternatives to partition
As tenants in common, you each have certain rights and responsibilities toward the home. He may not occupy the home without paying a fair rent, and he may not exclude you from the home.
That being said, you are both equally responsible for the mortgage, if any, as well as all utilities, etc.
You should probably have an attorney here in Massachusetts in order to get his attention and bring him to the table.
Re: Alternatives to partition
Your sibling has equsl responsibility for taxes and insurance and has an obligation to pay reasonable rent.
I would suggest filing a Petition to Partition the property or at least retaining local counsel to act on your behalf.
The cost of the litigation will depend upon the amount of time it takes to handle the matter, but it should not be unreasonable in cost.
If you want to discuss fees, please feel free to contact me without obligation or charge.
Re: Alternatives to partition
Partition would be the last resort if the local attorney you should hire is unable to negotiation a resolution short of filing a petition for partition (or sale) of the house, for which you have equal responsibility for mortgage and taxes and upkeep expenses as cotenants. Good Luck!
Re: Alternatives to partition
The home is not partitioned. What it happens is that it is sold.
To do this, you need to file an action in probate court. If you need help, contact me.
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