Legal Question in Real Estate Law in Massachusetts

That's about it.

Tenancy in Common (TIC) is a form of shared ownershipof the property which can be "severed" -- if necessarya court can divvy up the property between the two(but practically speaking, it'd be sold first andthe "profit" would be divided up evenly).

It is to be distinguished from Tenancy by the Entirety, which is ownership by a married couple,in a few ways, one of which is the ability of one party to encumber (take out a loan and give a lienagainst) the property or to have one party's interest(portion of ownership, here 50%) attached by a creditor. In TIC, creditors are limited to the (50%) single party's interest (interest means share). But if there was a mortgage on the property at Mom's death, there's alien on the entire property, not just one sibling'sshare.

Another form of ownership which this is NOT is thisone: Joint Tenancy with Rights of Survivorship (JTWROS) in which if one sibling died, say the brother, the whole property would go the survivor (and nothing to the dead sibling's heirs or legatees (children or people specified in his will; the will would not control the property disposition at all).

These are approximate truths only, intended to give youa framework but should not be relied upon to answer thequestion(s) you may really need answered and you shouldnot rely upon them for accuracy. You may call me (toll-free) or write to me to ask more specifically what it isthat you are wondering about, and in fact you SHOULD do so (or call another attorney) before making any decision to act or not to act based on what I've written, please!

My toll-free number is 888-527-0050. I am in now (as I write this) of course!

No survivorship

There are two ways that unmarried people can jointly own real estate in Massachusetts: tenants in common and joint tenancy. The major difference is known as a right ofsurvivorship. In a tenancy in common if one co-owner dies, their interest passes under theirestate. In a joint tenancy, the surviving co-owner owns all of the real estate upon the death ofthe other co-owner. If mother transferred property to her son and daughter as tenants incommon, they both own equal shares now and will continue to do so after mother's death.

THIS COMMUNICATION DOES NOT CONSTITUTE THE CREATION OF ANATTORNEY-CLIENT RELATIONSHIP. Legal rights vary greatly depending on specific facts,and it is impossible on the basis of the recitation of a few facts to determine whether or not anindividual has a viable case, what is the full range of options, or what limitations exist whichmay bar an individual's potential claims. ON THE BASIS OF THE INFORMATIONPROVIDED TO ME, I RECOMMEND THAT YOU PROMPTLY CONSULT AN ATTORNEY TODETERMINE THE SCOPE OF LEGAL RECOURSE, IF ANY, YOU MAY HAVE. YOUSHOULD NOT RELY ON ANYTHING I HAVE STATED AS ADVICE TO DO ANYTHINGOTHER THAN TO CONSULT AN ATTORNEY TO DISCUSS FULLY AN APPROPRIATECOURSE OF ACTION.