Legal Question in Real Estate Law in Massachusetts

The other parties can buy the sister's share. In fact, this is preferable to a petition to partition, because there are fees associated with the petition.

In fact, unless the summer home is of tremendous personal value to the siblings, if you cannot afford to buy-out your sister, then you might as well go ahead and sell, and avoid the legal fees associated with the petition to partition. It is almost never an idea to involve the Courts in a dispute you have related to "principle." Think with your wallet at the front of your mind.

That said, there may be reasons that your sister is not entitled to the property. You should have a lawyer look at the deed, as well as the documents that left the property to the three of you.

I agree with Attorney Jacobson. I recently assisted clients in a contentious petition for partition, and I strongly recommend that you retain an attorney. To answer your questions, each party will bear his own costs in a petition for partition. I imagine that the only reason your sibling is forcing a sale of the property is because you and your other sibling have refused to buy out her interest.

If you would like assistance in properly valuing the property and attempting to negotiate a buyout of your sister's interest, either in the hopes of avoiding a petition for partition, or connection with it, please feel free to give my office a call.