Legal Question in Real Estate Law in Massachusetts
Petition to Partition
My mother died and left her home to both my brother and me in equal shares. Problem is he wants to buy the house, cheap. He has not been taking care of it and has actually put it on the market at a very low price. I believe this is a tactic to prove we can't get a higher figure for it. His realtor placed a picture on-line of the house in shambles. I don't believe he wants to sell it to anyone other than himself. Would a petition to partition be in my best interest for private sale to him and moreover, could I use the list price (which is $10k more than his asking original price) in the petition?
2 Answers from Attorneys
Re: Petition to Partition
I would start by having a new realtor give you a market valuation. You do not have to agree to sell and your brother, unless agreed by you, does not have the right to list the property for sale.
More information is needed to advise you, but if you like you can call me at my office during normal business hours.
Re: Petition to Partition
Title to property passes to the heirs upon the death of the owner, according to the will or by intestate succession, subject to estate expenses if the other assets are insufficient, etcetera.
You can certainly solicit another opinion of value, and object to any proposed sale for less than the fair market value. If you know what the house is worth, you could first propose that he buy you out for half the value (discounting or not for the absence of a brokerage commission). Otherwise, invite him to have the property appraised by a licensed real estate appraiser and you'll agree to any fair appraisal resulting from it (allowing that you may want your broker to review the comparables used in the appraisal.)
Anyway, if you have problems, consider engaging an attorney.
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