Legal Question in Real Estate Law in Massachusetts
opposition&time,petition,real estate
im trying to decide whether to oppose a petition to partition,i live in the home and am paying all expenses(mort,tax,ins) what i need is time -offered other owner payment plans ,doesnt seem to be working.what im looking for is if the petition is filedin aug/sept.how long can i expect this to be in court before property is ordered to be sold.-also if we go to court and i say i need six months to prepare to sell/move would the courts find this acceptable-house has been in our names since nov.without any official court proceedings aside from a few demand letters from others lawyers,currently other is talking directly to me as if we can come to an agreement but i have no faith as to their intentions once again
2 Answers from Attorneys
Re: opposition&time,petition,real estate
Retain an attorney to raise whatever opposition you may have to the partition and negotiate a written agreement for a settlement. Good Luck!
Re: opposition&time,petition,real estate
A petition to partition is a legal proceeding subject to most of the
processes of negotiation and litigation. If you are able to talk and negotiate with the other side, then you or your legal representative may be able to agree to a reasonable time frame which would allow each party to "win" (i.e. Get what they say they want - within reason), and thereby avoid a precipitous "forced" sale below optimum real estate values.
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