Legal Question in Real Estate Law in Massachusetts
my father left a house to me my brother and my sister. we currently cant afford to pay for it so our mother does. me my sister and my mother want to sell the house but my brother refuses. we are all over 21. doe my sister and i need his approval to sell the house?
2 Answers from Attorneys
No. If your brother can not be persuaded to join in the sale you can retain an attorney to file a Petition to Parttiion the Property in court asking the court to force a sale if that is the only way to equitably divide the interests of the tenants in common. Good Luck!
You have two choices:
1. Get your brother to agree; or
2. File a Petition to Partition.
For the second you will need to retain an attorney. I have done a number of these and usually they settle before trial with an agreement to sell or one party buying the others out.
Pleaee feel free to contact me without obligation.
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