Legal Question in Real Estate Law in Massachusetts

Re: two family property

I assume the property is not a condominium and just a regular two family.

You should be able to sublet part of your portion if you want to do so, though techinically she should agree as a tenant in common. However, if you own 2/3rds interest absent an agreement to the contrary you should be able to rent part of your home to someone, assuming it is permissable where you live to do so.

Assuming the property is not a condominium, you can file a petition to partition the property to force its division or sale. One easy way to do this is to create a simple condominium, although that is not inexpensive, She keeps her unit you keep yours.

If you file a Petition for Partition, absent an agreement between the parties and the court dividing the property into two units that can be sold separately, the two family will be sold.

Please feel free to contact me if you have additional questions without obligation.

: two family property

Each person has 1/3 of the whole. If there is an agreement regarding occupancy, there may be a possible way to agree as to rental. If you sell, you need her permission, or file for partition.