Legal Question in Wills and Trusts in Massachusetts

I inherited a house along with my brother and sister about 2 months ago. In the will we have equal percentage of ownership. I have been paying 1/3 of the mortgage since it became ours. My brother is moving in and I want to move in too because I am having a baby in 4 months and also paying rent to live where I live now and cannot afford both. But he said I cannot live there, which is not fair, even though my sister has no problem with it (she does not intend on moving in) What are my rights and what can I do???


Asked on 1/26/13, 6:01 am

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Thank you for your question.

The difficult answer is that you ALL have the right to live there, and none of you can exclude the others from living there if you wish to.

If your co-owners are not acting fairly, you have the right to (1) buy them out, (2) be bought out, (3) all agree to sell the property, or (4) force the sale of the property.

Our office handles real estate ownership disputes and partition actions, and I would be happy to discuss your options with you in greater detail. Call our office to schedule a telephone or office consultation.

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Answered on 1/26/13, 7:30 am


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