Legal Question in Real Estate Law in Massachusetts

Thank you for your question.

Our office advises and represents homeowners in your situation throughout Massachusetts.

This is a common problem that co-owners encounter, who must work together if they are going to own property together. Owners have certain obligations and rights with respect to property, which include some of the following:

1. An obligation not to commit waste at the property;

2. An obligation to maintain and repair the property;

3. The right to use and enjoy the property;

4. The right to profit from income derived from the property; etc.

You should address this situation as soon as you possibly can, because it will become harder and harder to recoup the funds you are spending to maintain the property. If your co-owner were to pass away, you could either find yourself owning the entire property, or owning the property with his next of kin.

Co-owning a home with someone is a lot like being in a relationship with them. When one person ceases being a full partner in the relationship, the remedy is to get out of the relationship, not forcing them to be a better partner.

Here are your options, as I see them and advise clients:

1. Negotiate a written agreement for the ongoing ownership of the property so that both parties know what their rights and responsibilities are;

2. Buy out the other parties' interest in the property;

3. Sell your interest in the property to the other party; or

4. Bring a petition to partition action in court to force the sale of the home.

In a partition action, a co-owner asks the court to force the sale of the home and equitably (fairly) divide the proceeds. The court may grant the parties credits or adjustments for unequal contributions, etc.