Legal Question in Real Estate Law in Massachusetts
Forcing sale of home owned as joint tenants
I have ended a long term relationship in which my ex and I were unmarried. We own a home as joint tenants. My ex has left the home, does not want to occupy it, and has hired an attorney to force the sale of the house. I would like to refinance and remain in the house, which I continue to reside in. If I successfully refinance, and my ex can get his equity and his downpayment back, does he have any legal grounds to still try to force the sale of the home?
1 Answer from Attorneys
Re: Forcing sale of home owned as joint tenants
You have to buy his 50% interest. This means that the two of you negotiate the price. If you fail to reach agreement, a court can order a sale or determine a fair buy out price. Your ex is entitle to 50% of the current equity not the original amount.