Legal Question in Real Estate Law in Massachusetts

Re: Co Owner Wants Out

Your only remedy is to seek have a court order the property partitioned.This can result in the sale of the property or a division of the property depending upon the equities involved. You should contact a real estate attorney for assistance.

Please feel free to contact me if you have more questions.

Re: Co Owner Wants Out

Seek advice of an attorney because in the course of filing a Petition to Partition the property, should it be revealed to the Court that the "Unpaid" rent is for purposes of defrauding welfare, the cotenant, (your husband) may be considered a co-conspiritor, or an accessory before or after the fact.

Re: Co Owner Wants Out

When one co-owner desires to sell real property contrary to the desires of other co-owners, it may well be that his sole remedy is to file a complaint (a civil lawsuit) naming as defendants all other co-owners of the property, and asking the Court to order "Partition." Partition can be a division of the property amongst the owners, or as is more likely when talking about a 2 family home, partition could take the form of a court-ordered sale.

The Court will take into account many factors in partitioning property, including the value of each owner's contributions toward the property.

You would be wise to consult a real estate attorney prior to pursuing this course of action.

Good luck.