Legal Question in Real Estate Law in Massachusetts

Petition to Partition

What if the property is in one name only, but both share legacy to the property as brother and sister. The brother has the deed and mortgage in his name only. The sister lives in the home and pays the mortgage and taxes. brother wants to sell.


Asked on 7/12/09, 3:45 pm

1 Answer from Attorneys

Re: Petition to Partition

This is not a position of Petition to Partition but a claim of constructive trust. I suggest you contact an attorney ASAP. You will have to file suit to establish your rights in the property unless your brother is willing to agree you are entitled to half the equity in the home.

Good Luck.

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Answered on 7/12/09, 4:19 pm


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