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.

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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.

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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.

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Answered on 11/04/08, 3:47 pm


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