Legal Question in Wills and Trusts in Massachusetts

My sister & I own home left to us from deceased father.

My sister lives in same town with husband, I live in OUR

House by myself alone and have filed disability & no income right now (59) yrs old female. I spent the last 5+ years trying to push my sister to SELL. Paid attorney many times to try and get things moving. Not much luck. Now she wants to sell and she said she's going to sue me for back rent?? From what I've learned legally in state of Massachusetts , owner absolutely does not pay rent. Any feedback???

Sincerely,

S.S.


Asked on 3/07/16, 2:20 pm

2 Answers from Attorneys

As a tenant in common, you have a right to occupy the premises without having to pay rent. I do not know why you could not get a court to partition the property before, but you both have to agree to sell and the terms of the sale.

Likewise, if you paid taxes and insurance on the property or made any improvements to the property (assuming you have records to prove that) you may be entitled to reimbursement from your sister.

Good Luck

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Answered on 3/07/16, 2:25 pm
Alan Fanger Alan S. Fanger, Esq.

The answer is more complex than you might think. The law provides that if the owner who doesn't occupy the house allows the other owner to occupy the house for a substantial period of time without taking any action to collect rent or strip the occupant-owner of possession, there is no later right to have an adjustment of the sales proceeds for to reflect the rent no paid. So it's really a factual question, though it sounds like the question cuts in your favor here.

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Answered on 3/07/16, 2:28 pm


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