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?
3 Answers from Attorneys
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!
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.
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.