Legal Question in Wills and Trusts in Massachusetts
land court
my girlfriend , her brother, parents, and i recently built a single family with an in-law together.the names on the title are hers, mine, and her brothers.it was her parents property that they sold to us.we knocked down their old house and built the new one.now, my girlfriend decided that she is not happy with our relationship and does not want to be with me.neither of us can afford to buy the other out, and living seperate lives in the same house is not working.i have heard of something called a ''forced sale'', of course they are against selling the house as they will have nowhere to live.can i ask the court to force the sale of the house, which will be used to pay off the mortgage, which bears our 3 names?for the record, there was no abuse of any kind,or any other legal reason to use against me.but i simply don't want to walk away with nothing, as i was the only one who had money to build this house in the 1st place.but i don't simply want just what i invested back, as the house is worth a lot more. it seems to me that the only fair thing for me is to sell the house, pay off the mortgage, and go our seperate ways. oh yeah, no children are involved, everyone in the house is an adult.any advice?
4 Answers from Attorneys
Re: land court
I agree with the others. You may file a petition to partition, assuming you all hold as tenants in common. Generally, this gets a discussion going among co-owners as to how to resolve the matter. If the owners truly cannot agree on a resolution, the court will order the property to be sold. If it goes through all the required steps, it is a very expensive and time-consuming process, and one that certainly requires an attorney.
Please let me know if we can help you. We have offices in Boston and Raynham.
Re: land court
Based on the facts as you described them, and assuming you own the house as Tenants in Common, you can force a sale through a Petition for Partition.
Seek an attorney on this one, this is not a do it yourself matter. I have offices in Rochester and Easton and would be happy to meet with you.
You would be much better off (from a time and cost perspective) to get your ex and her brother to buy you out or agree to the sale, but if they will not be reasonable then you can force the sale through either the land court or probate court.
Good luck!
Re: land court
Tom is correct. If you would like, I am happy to recommend an attorney in Hanover/Pembroke who is exeperienced in this type of law.
Please feel free to contact me.
Re: land court
You can file a Petition to Partition assuming the property is held as Tenants in Common. You need legal counsel to assist you in this.
You would be better-off if your ex and her brother agreed to buy you out or agreed to the sale, but otherwise, from your description, you probably can force the sale of the property.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
