Legal Question in Real Estate Law in Massachusetts
partitioning land
I own property jointly with my neighbor. I have paid all taxes since purchasing the property with her. Her boyfriend assulted me with a section of fence and is now being charged with assult with a dangerous weapon. I want to have the deed split into two deeds or if possible, just remove her name as she isn't paying anything and wont talk with me. How can I do either, remover her name from the deed or partition the land into two deeds?
4 Answers from Attorneys
Re: partitioning land
Since you own the property together and both names are on the deed, you will need her signature to get her name off the deed... otherwise, you can file a suit in the land court to sell the land or divide it.
Re: partitioning land
If the land is easily divided and she agrees, then you can seek permission from the zoning board to divide the property. Assuming that is then you deed half to her and half to you.
If she will not agree then you file a Petition to Partition and seek reimbursement from the proceeds for the taxes paid by you to date and the property will be sold, and when and if sold, you will be paid for the taxes and the net proceeds divided.
Lastly you can buy her out.
Re: partitioning land
Since getting her to sign over the deed voluntarily is unlikely, you will need to file a petition to partition the property with the land court in the county where the land is located. Feel free to contact me if I can be of any assistance.
Re: partitioning land
You may wish to retain an attorney to file a Petition to Partition the Land. Good Luck!
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