Legal Question in Real Estate Law in Massachusetts

We have 4 people on a home mortgage.me and my fiance have been paying but my brother and his wife has not been giving me there share.we are all on the deed.what can i do.


Asked on 12/15/11, 12:35 pm

3 Answers from Attorneys

Maurice lariviere jr Law Office of Maurice LaRiviere Jr

if necessary seek a court order was there a written agreement for the equal payment

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Answered on 12/15/11, 12:58 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

If you are at a point where you and your co-owners are no longer getting along, you have a couple options:

1. Sit down with an attorney who can draw up a property ownership agreement. This agreement can outline the rights of the parties, and provide for remedies in the event of non-payment, buyout, allocation of income and expenses, etc.

2. If one or more of the parties no longer wishes to own the home, they can ask that the other co-owners buy out their interest. The property should be appraised.

3. All parties can decide that they want to sell the property. Again, an agreement is useful here to make sure that expenses and profits are handled properly.

4. Lastly, if the owners cannot agree to buy each other out, and refuse to sell to a third party, any one of the owners may bring a petition for partition in court. In a partition procedings, the court will order the sale of the property and a fair division of the proceeds.

Best of luck to you, and do not hesitate to contact our office if you would like to discuss your situation in greater detail.

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Answered on 12/15/11, 1:08 pm
Joseph Murray Joseph M. Murray, Esq.

You should retain an attorney to review the deed, mortgage and any agreement you may have betwen the parties of draft one following the three options already outline by AttorneyVaughn-Martel. Good Luck!

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Answered on 12/16/11, 9:48 pm


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