Legal Question in Real Estate Law in Massachusetts

It sounds as though you are no longer able to productively own the property together with your brother. One of the first things you should do is obtain an appraisal on the property from a licensed appraiser. That will help give you some idea of what there is in the house to divide. If he will not agree to (1) sell his interest to you, (2) buy your interest, or (3) list and sell the property, you may need to file what is called a petition for partition in court. A petition for partition is a legal procedings where co-owners ask a court to manage the sale of a property and fairly divide the equity, if any.

My recommendation is that you first sit down with a lawyer who can review the facts of the case, and give you some idea about what a court is likely to do, what hurdles you may face, and what possibilities for settlement or compromise may exist. Some questions that jump out at me are who lives in the property, how long have you owed it, what kind of equity is there in the home, what were each of your contributions over the years, what value have your improvements added to the home, etc.

Our office handles a number of these cases, and oftentimes we will handle the matter on a deferred fee basis, meaning that we do not get paid until the home is transferred or sold.

Please feel free to give us a call at 617-357-4898.

You have several choices:

1. Petition to Partition the property;

2. Buy your brother out;

3. your brother buys you out.

The allocation of proceeds from the sale is based on agreement or it is based on the return of each owner's contribution of the parties and then the balance beyond contributions are split on the basis of ownership. Contribution is based on improvements made usually limited to cash spent not personal work and a variety of other items.

If you would like to meet with me without obligation, please feel free to call my office tomorrow afternoon to arrange an appointment.

Before any experienced real estate lawyer can answer your question, he/she will require a lot more information, including a review of documents at the Registry of Deeds. My free advice - you should hire an attorney sooner rather than later. Also, Court is the last place you want to be. My approach would be to gather all of the relevant information and educate both your brother and you as to why it will probably be in your best interests to resolve the problem between yourselves and move on with your lives. I speak both as a real estater lawyer and with experience in family disputes.