Legal Question in Real Estate Law in Massachusetts

My brother is an attorney in MA. I live in Honolulu HI. We own a condo in Joint Tenancy. He is going to file a petition for Partition. I do not want to sell. I would like to buy him out for fair market value. I need 6-8 months to do this. Can he get a partition if I want to buy him out? We have been splitting the condo fees, and he has paid all assessments and taxes over the last 5 years. I inherited the property from my mother. I added his name to the title after her death. He will not let me rent out or have guests in my absence. The value of condo is only 90k.

Can I challenge the partition? Do I need to be present at court date?


Asked on 1/13/15, 11:57 am

1 Answer from Attorneys

The fact you are willing to buy him out will not stop the petition. Your best bet is to try and make a deal to buy him out and perhaps you need to take over the payment of the taxes and insurance et cetera in the interim.

If I can be of assistance please let me know.

Jon

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Answered on 1/13/15, 12:02 pm


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