Legal Question in Real Estate Law in Massachusetts
I own a house with a co-owner who is living in the house. I am not. My understanding is that he is responsinble for his usage benefit or the fair market rental value for the house as well as utlities and we would share in what is left of the mortgage, taxes and insurance. Is that correct?
1 Answer from Attorneys
In Massachusetts, any and every co-owner has the right to occupy property that they own. The person who occupies the property is not responsible for a usage benefit as you put it. Each owner is responsible for the mortgage, taxes, and insurance. While there is logic in your position that the occupier pay a usage benefit, that is not the law. If the occupier ousted the other co-owner and prevented you from living in the property, the answer would be different.
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