Legal Question in Real Estate Law in Massachusetts
Joint Tenacy
I've owned a home with a man whom I am not legally married to. We have joint tenacy. He has been unfaithful. I want him to leave the house or allow me to sell the house and he gets his half. He will do neither. What can I do?
2 Answers from Attorneys
Re: Joint Tenacy
Assuming his name is on the deed, he needs to agree to sell the home either to you, buy you out, or to sell the home.
If he will not agree to do that, then you need to file a Petition to Partition the home. The division of the property will follow some specific guidelines.
Please feel free to contact me without obligation. I can be reached on Tuesday as I am in Court on Monday, if you wish to discuss the matter.
: Joint Tenacy
So, you are an umarried couple.
If he has his name on the deed, you cannot use self-help to get rid of him. You can either agree to sell the property, or have him sell you his portion.
Otherwise, you are required to seek the court's help and force a sale through an action for partition in the probate court.
If you need assistance, contact me.