Legal Question in Wills and Trusts in Massachusetts

Property Improvements

I have lived in a house owned by my brother, sister and I for 7 years. We now want to sell and my brother and sister think that I should pay for improvements to the property because I have lived there. have paid the taxes, water, insurance and taken care of most things there already. Can they make me pay for all the improvements myself? Should the improvements be split 3 ways sine we will split the sale 3 ways?


Asked on 5/21/08, 10:20 am

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Property Improvements

If you have receipts for improvements you made and can document (through realtor) the value they added to the property, it could be argued that you are entitled to recover 2/3 the cost of those improvements.

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Answered on 5/21/08, 10:36 am

Re: Property Improvements

Generally if you look at the rules of allocation used in a Petition to Partition, the cost of improvements is repaid to the parties that paid them. Likewise, interest expense and taxes are allocated to the party who paid those as well, although, if you lived in the home, a reasonable rent would be offset against it.

If you did more than maintenance, but actually did work that created improvements, then you would be entitled to credit for that work at a reasonable amount. Maintenance beyond a normal home lease requirement, should be offset against any rent computation.

My suggestion is that you come to a fair deal between all of you. You might want to meet with an attorney who will try to mediate an agreement between all of you.

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Answered on 5/21/08, 11:33 am


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