Legal Question in Real Estate Law in Massachusetts

Partition

My sibling and I own a house �tenants in common�. He wants to buy my portion out but cannot afford it (I believe bad credit). In the meantime he has moved in and has not paid any bills (about 8 months). He expects me to pay everything. I live out of state. It�s to the point that he does not want to have the home appraised and I see where this is going. That only tells me that he will make it very difficult to get it on the market let alone have a realtor show the home, open house, etc. This is just dragging out.

Is my only resort to partition or are there any alternatives that I mean business? What are the costs and fees for this? Am I the only one required to pay or his he responsible for costs and fees incurred to partition? How / or can I get him to pay rent, bill etc.?

Thank You!


Asked on 11/10/08, 6:19 pm

3 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Partition

The costs can come out of the sale; it looks like your sib is playing chicken with you, and it is on you to call their bluff. You can expect to spend at least 2,500$

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Answered on 11/11/08, 3:01 pm

Re: Partition

You will have to file a Petition to Partition, in which you will seek reimbursement for the moneys you have spent for taxes etc as well as half the reasonable rent of the premises.

A Commissioner will be appointed and if need be evict your sibling. The cost of the Petition to Partition will depend on how hard your sibling fights. However, if he does not have any money as well as bad credit, he will be at a disadvantage as he may not have funds for an attorney.

Likewise, if he files for bankruptcy his benefits and protections will be somewhat limited as to you as a co-tenant.

If you need assistance please feel free to contact me. filing a complaint for partition is not that expensive it is the cost of negotiation and trial if there is one of sorts. Unless the property can be divided equally, it will have to be sold.

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Answered on 11/10/08, 6:30 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Partition

You should retain an attorney to file a Petition to Partition immediately while there is still equity in the property from which you can hope to recover your costs. Good luck!

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Answered on 11/10/08, 6:48 pm


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