Legal Question in Real Estate Law in Massachusetts

Selling property.

Property orginally purchased by parents, and eventually given to me. I would like to sell it, but according to one parent, since I didn't purchase the property to begin with, I can't sell it. Can I or can I not sell it if my name is on the title?


Asked on 6/24/09, 5:42 am

3 Answers from Attorneys

Warren Wood Law Offices of Warren Wood

Re: Selling property.

In most cases you should check your deed carefully. You can usually view a copy on line at your county Registry of Deeds web site. Any deed restrictions usually must be recorded to be effective.

A good title examiner or your attorney will be able to assist you in identifying and dealing with any restrictions on sale. Good luck.

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Answered on 6/24/09, 6:35 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Selling property.

You should review the deed transferring the property from your parents to you.

You should be able to view the deed recorded at your local Registry on-line.

Your parents may not want you to sell the property, or they may be concerned about issues of capital gains if you were to sell. Don't hesitate to contact my office if you would like to discuss this matter further.

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Answered on 6/24/09, 7:01 am

Re: Selling property.

It will depend upon how the deed reads and the intent of the parties in giving you the property. If your parents retained a life estate you cannot sell it.

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Answered on 6/24/09, 12:44 pm


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