Legal Question in Real Estate Law in Massachusetts

suit to partition-Real Property

my name is on a house along with 5 of my sibliings & my mother is life tenant. they all want to sell it, I do not want to sell it. I was informed if I don't agree my mother is going to file a suit to partition. what rights do I have. Any advice or suggestions. Thanks


Asked on 1/30/09, 8:26 am

2 Answers from Attorneys

Alan Fanger Alan S. Fanger, Esq.

Re: suit to partition-Real Property

If your mother is a life tenant, she has an absolute right to possession of the property during her lifetime. If she chooses to give up that life tenancy and consent to the sale, there is nothing you can do to stop it if your siblings insist on going forward with a partition proceeding.

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Answered on 1/30/09, 8:53 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: suit to partition-Real Property

To offer an alternative to attorney Fanger's assessment, you may offer to purchase (buy out) the home from the other parties.

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Answered on 1/30/09, 10:03 am


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