Legal Question in Real Estate Law in Massachusetts
joint tenancy
If you have a joint tenancy, can you force the others to do anything so you can get your money back?
Asked on 11/04/08, 1:37 pm
3 Answers from Attorneys
Re: joint tenancy
I assume this is a joint tenancy in real estate. Assuming both parties invested in the property, you can file a Petition to Partition to force the sale of the property. Absent an agreement to the contrary, you would both then get half the equity in the property after paying for a commissioner and an auction.
If the other party does not want to sell, they could buy you out.
Please feel free to contact me if you have more questions.
Answered on 11/04/08, 1:42 pm
Joseph Murray
Joseph M. Murray, Esq.
Re: joint tenancy
If what you refer to as a "joint tenancy" ie really a tenancy in common you can file a petition to partition.
Answered on 11/04/08, 2:41 pm
henry lebensbaum
Law Offices of Henry Lebensbaum (978-749-3606)
Re: joint tenancy
no. You need to take legal action.
Answered on 11/04/08, 3:47 pm