Legal Question in Real Estate Law in Massachusetts
If you own a home JTRS can you be forced to sell your share in a divorce situation? My understanding is under JTRS she can sell or transfer her share but cannot force me to do the same. My partner is repeatedly threatening to 'put the house up for sale' which would effectively make me homeless as i can afford to pay the mortgage costs here which are low, but could not afford an apartment.
2 Answers from Attorneys
A judge can order the sale of property as part of a divorce settlement. You may have the option to buy your partner's ownership share of the home. In that case, you would not need to sell the home. If you are in the process of attempting to negotiate and file an uncontested petition for divorce, please feel free to contact my office 617-357-4898.
You should consider retaining an attorney to negotiate a favorable divorce settlement agreement as a probate court judge could order the sale of the marital real estate as part of a divorce judgment. Good Luck!
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