Legal Question in Real Estate Law in Massachusetts

: renting a house without co-owners permission

Theoretically this requires the permission of both, assuming that you are equal co-owners.

If your ex-refuses, tell him you want to sell the property, or a buy-out.

If your ex-refuses, you may have to file a complaint for partition in probate court.

If you have questions, call me.

Re: renting a house without co-owners permission

You really can't rent the apartment without his permission, because as a joint tenant he has the right to use and possess every part of the home.

Likewise, assuming that you were to rent the home, you were each be equally entitled to any rents collected and equally liable for any damages or other problems which might arise. Even if you were to agreed to some rental situation, I would advise that you have some sort of partnership agreement drafted to avoid any future complications.

Please feel free to contact my office if you would like to schedule an appointment. Perhaps there is a reasonable solution that can be agreed upon.