Legal Question in Real Estate Law in Massachusetts

real estate

I coown a duplex property with my brother . He has rented his side for 20 yrs and we live on the other side. He lives somewhere else.We have paid all the taxes,water and house insurance for 20 yrs and he collects the rents $1800 to $2800 month over the years. We also provide the shoveling and yard work in the summer. Despite our requests he refuses to pay anything or share any rents. Are we entitiled to have half the rental income and half payment of expenses? How would we get him to pay these? thank you


Asked on 6/03/08, 4:55 pm

1 Answer from Attorneys

Re: real estate

One of the problems is that you are asking for 20 years of expenses back. You could file a Petition to Partition and the court might divide the property or seek to sell it.

You could claim reimburement for taxes, insurance and improvements to the property made by you. He would claim you got your unit rent free so he is entitled to the rent from his. What he should be paying is his half of the expenses. This would include taxes, insurance on the building, and half the maintenance and repair costs.

You could file suit against him for contribution. You could offer to buy him out and factor in the costs he owes you.

There are a variety of options open to you. I would be willing to meet with you without obligation and outline your options.

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Answered on 6/03/08, 6:08 pm


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