Legal Question in Real Estate Law in Massachusetts

I had previously asked you a real estate question which was " If six people (three couples) own a house as "tenants in common", and 4 out of the 6 want to sell, can we do it? Or does it have to be unanimous?"

You promptly answered me below:

"You can sell your interest in the home but absent an agreement that says majority rules, the answer is no. However, you can file a Petition to Partition to sell the home in Probate Court. This will force the other owners to either buy the two other couples out of the property or the court will order the properties sale."

My NEXT questions are as follows:

1. How much would the total cost of the above process be (lawyers and court fees, etc).?

2.How long does it take to file a petition to partition?

3. How long will it take the court to MAKE a decision?

4. How long does it take to have the court ENFORCE the decision?

Any and all information will be greatly appreciated. Thank you very much.


Asked on 9/19/10, 7:06 am

1 Answer from Attorneys

The cost depends on whether there is a settlement or a trial, but it can cost from $5,000-$10,000, sometimes more depending on the arguments raised by one side or the other. The time will depend on the basis of the objections and issues of value, a few months to a year.

The Court will appoint a Commissioner who will hire his own attorney, and they will sell the property by auction at a price not less than approved by the court, The expense of the Commissioner, his attorney and the auctioneer will be paid by all three owners equally.

Usually the parties come to an agreement, buying each other out or agreeing to sell.

You need to state in the petition a value of the property which is the lowest acceptable market price. I suggest you get at least a market study from a local broker to determine the sale price for the Petition.

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

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Answered on 9/24/10, 7:49 am


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