Legal Question in Real Estate Law in Massachusetts
Can you commence a partition action if a life estate is attached to the home? My father is still living and the life estate is for him, with 6 children owning the home.
3 Answers from Attorneys
Yes. However, you should consider whether a partition is your only solution and what it will accomplish - and when. It is a costly and somewhat complicated procedure - especially when dealing with seven people with interests in the property, one of whom has a life estate.
i agree, and it is going to get complicated.
Depending upon the age of your father, his interest in the property could be rather substantial relative to yours. Moreover if he made the transfer as part of an estate planning action he could seek to recant the transfer as an incomplete gift or the gift made on condition that he actually be allowed to stay there.
It could be an expensive and ultimately an unrewarding action. Life estates are calculated on a 110 year life expectancy for gift and tax purposes and as such the six children could own much less than you expect.
A reason for the partition will be important, if your father challenges the Petition.