Legal Question in Real Estate Law in Massachusetts

property law

if 4 people own a property equally, can

1 of them force the sale or rental of the

property without the other's consent?


Asked on 5/24/09, 8:27 am

3 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: property law

One of four tenants in common can file a Petition to Partition in Probate Court to have a Commissioner appointed to sell the property unless the land is otherwise divisible.

Less costly options would be to negotiate a buy out or private sale of the property. Good Luck!

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Answered on 6/03/09, 4:50 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: property law

The answer is yes. You would need to file a Petition to Partition in Court. If the other three owners are interested in staying in the home, you may want to propose a buyout of your ownership interest. A negotiated buyout would likely be dramatically less expensive than a Petition to Partition.

Please do not hesitate to contact my office if you would like to discuss this further.

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Answered on 5/24/09, 9:41 am

Re: property law

They can file a Petitioin for partition in Probate court to force the sale unless the property is divisable.

You have two options, buy them out on reasonable terms or sell the property. A private sale will be much better than a sale by a commissioner.

Good Luck.

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Answered on 5/24/09, 12:16 pm


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