Legal Question in Real Estate Law in Massachusetts

Re: Co-ownwership sale of house

If you own title as tenants in common you can file a petition to partition and request the court divide your respective interest equitably.

You may wish to retain an attorney to help you with this.

Re: Co-ownwership sale of house

If you want to push the issue, you can file a Petition for Partition with Land Court. This will force the Court either divide the property between you, effectively being a condo arrangement, with you owning one unit and he the other. You can then sell the one unit. Or the Court if it does not believe the property can equitably be divided order it sold.

You could also offer to buy your brother out, but I assume he wont want to do that either.

You should as an equal owner (I assume you each own half) you are entitled to the fair rental income as represents a half-interest and your brother should be bearing half the cost at a minimum as his rent equivalent.

Is your brother financially able to buy you out? If not your choice is to divide the property or petition to sell the property.

Please feel free to contact me without obligation.