Legal Question in Real Estate Law in Massachusetts

Re: Force to sell?

Only if title is held as tenants in common can one co-tenant file a Petition to Partition asking the court to order a sale or otherwise divide the parties' interest when they can't agree to do so on their own.

Re: Force to sell?

Hi -

It's not so much a forced sale, in legal parlance it's called a "partition," the court will order one party to buy out the other (or be bought out by the other), or the property will be sold in the event neither party wants to own it exclusively.

My name is Leonard Foy and I'm with Gould & Gould, we have offices in New Hampshire and Massachusetts. Feel free to call our office at (603) 434-3437 for a consultation.

Regards & Good Luck -

Leonard W. Foy III, ESQ.

Re: Force to sell?

The Short answer is that unless the property is divisable, the court will order one co-tenant to buy the other out or order the sale of the property. The Process is called a Petition for Partition. If the property could be divided equally in some definitive way such as if the property was a two-family then they might award each owner one-unit and that the property be divided in equitable basis.

If you have additional questions, please feel free to contact me without obligation.