Legal Question in Real Estate Law in Massachusetts

My brother and I own a two family as joint tenants. I am in the military and do not currently live there but continue to pay the mortgage so I don't damage my credit. He cannot afford to refinance on his own and refuses to communicate a plan of action to me so we can go our seperate ways. This has been ongoing for over a year and I can no longer afford to keep up my side of the mortgage. What are my legal rights as a joint tenant and would a partition for action be the next step?


Asked on 11/08/10, 12:25 pm

1 Answer from Attorneys

It is not clear if you both live in the two-family or not. You could file a Petition for Partition but that may or may not be an adequate solution depending on if the property is easily divisible or not,

One solution for you may be to rent your half out, if the rent would cover your half of expenses including the mortgage that may be sufficient additional income for your brother to refinance and buy you out. If the problem is it is rented and you still need to sell your option is to try and force the sale of the two-family in this market.

Does the property have equity in it? if so is the current loan 80% or less of market value?

If the property has at least 20% equity, then the only problem for your brother in refinancing and taking you out is his income with rental income and how much you want to be taken out.

Please feel free to contact me to discuss your various options.

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Answered on 11/13/10, 4:59 pm


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