Legal Question in Real Estate Law in Massachusetts
My mother passes away leaving my sister and I each half of her house. My sister would like to buy me out, however she can not get a mortgage and now refuses to discuss with me selling the house. Can I force her to sell her half? What if she tries to move into the vacant home..can I legally prevent her from doing so?
2 Answers from Attorneys
First, the administrator or executor of your mother's estate (unless the home passes directly to you and your sister) can determine if your sister can move in pending disposition of your mother's estate.
However, if the home passes directly to you and your sister then you can file a Petition to Partition to force the sale of the home.
Please feel free to contact me if you have more questions.
Depending on your current ownership interest in the property, I agree that you will either need to (i) ask the court for permission to sell the property, (ii) buy out your sister's ownership in the home, or (iii) you will have to bring a petition for partition. In petition for partition proceedings, you are requesting that the court order the sale of the home and make an equitable division of the proceeds.
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