Legal Question in Real Estate Law in Massachusetts

There is no question here.

Technically you all own the home equally subject to a partition claim in which they state you did not pay the mortgage and therefore they should be able to recoup certain expenses if the property is sold.

If the question is should you continue to contribute your third (assuming you all occupy the premises or that is rented at market rate and there is a short fall), the answer is yes.

If they decline to take it, they do so at their own risk. If you want out, ask them ot buy you out. If not you can file a Petitiion to Partition the Propety. I assume this is a single family home not a Triple.

Thank you for your question.

Attorney Roth is correct that you are an owner of the property together with your other co-owners. You three will continue to own the property together until (1) you all agree to sell the property, or (2) you buy out your co-owners' interest in the property, or (3) your co-owners buy out your interest in the property.

The way things are current set up put you at somewhat of an advantage from your co-owners' point of view. Unless your interest was added after the mortgage was granted, you would have had to sign the mortgage as an owner even if you were not made to sign the promissory note. Assuming everyone stopped paying on the bank's loan, the bank would have the right to foreclose on the property, and would be able to pursue your co-owners who signed the note. You, however, may not be personally liable.

In any event, a number of different things can happen now. What is it that you would like to accomplish?