Legal Question in Real Estate Law in Massachusetts

Have a broker's appraisal done for the property, then send a letter to her son (certified return receipt) indicating you want to sell the home now and ask him to agree to listing the property for sale and get an agreement as to the lowest number all of you are willing to accept. Get an agreement for same and have him sign the listing agreement with you. Alternatively, offer to sell him your share of the home for the market value less 5% for brokerage.

If you cannot get him to agree, then you have to get a regular appraisal and file a Petition for Partition. To do that you have to use an attorney. It is too complex to do yourself.

A Partition is an expensive way of selling a property and not the easiest way to do it, the Court will appoint a commissioner to sell it. That is usually done by auction.

I would be happy to discuss your options in more detail or answer any questions you might have.

For purposes of this answer I am assuming that you've made reasonable attempts to work a buy-out with your sister's son. If the dispute is not easily capable of being resolved, then your only remedy is a pettion for partition of the property, which can be brought in either the Land Court or Probate Court (but preferably the former). In a partition proceeding the court appoints a "commissioner" (usually an attorney), who then has the power to hire a broker to sell the property (the above post states that it is done by auction...none of the partition cases in which I am currently involve have used an auction process). In the partition case the judge ultimately decides who gets what amount from the sales proceeds; the judge takes into account who has paid the mortgage, taxes, insurance, maintenance, etc. and who has occupied it and/or derived rental income from the property. If anyone has made improvements they are entitled to the value of those improvements (as opposed to the amount they paid toward improvements). I would be happy to speak with you if you would like to discuss the matter in greater detail.

If the other owner will not voluntarily purchase your share, we can assist you in filing a Land Court action known as a Partition which will force the sale of the property.

I agree with the previous answers. The first order of business should be to obtain an appraisal of the property, and then reach out to the other co-owner to see if there is any interest in purchasing your share. If the other co-owner will not voluntarily agree to buyout your share, and will not agree to sell the property, you will need to file a Petition to Partition in Court. Our office handels these types of matters, often on a contingent or deferred payment basis, and would be happy to discuss your case with you in greater detail. A negotiated solution is almost always a better outcome for the parties. Give us a call at 617-357-4898.