Legal Question in Real Estate Law in Massachusetts

Thanks for your question.

This is quite a common situation. Assuming you and each of your siblings each have an equal ownership interest, you each have the right to reside in the home and you each have an equal obligation toward its upkeep, repair, and maintenance. If your co-owners are not interested in the responsibilities of ownership, you have a couple options.

You have the option to purchase your siblings' interest in the property, if they are willing to sell to you. You also have the option to sell the property on the open market, again, if the others are willing. If your co-owners refuse to sell the property to anyone, including you, you may need to bring a partition action in either the Land Court or Probate Court and ask that the court force the sale of the home. In a partition action, a willing buyer (you) will generally have an opportunity to purchase the property from your co-owners. The court may also make certain offsets and adjustments based on the parties' contributions toward the property and use of the property.

Our office has handled numerous partitions and complex co-ownership disputes throughout Massachusetts and I would be happy to speak with you.