Legal Question in Real Estate Law in Massachusetts

An action to partition the property can force the sale (by court order) or buyout by the other owners at fair market value (approved by the court or by an appointed commissioner). Please let me know if you would like our office to represent you.

Assuming you 3 own the property as tenants in common and there is no agreement that prohibits you from forcing a sale, you can file a petition to partition the property. That will result in the sale of the property by court order or your brothers can buy you out.

I have handled many Petition for Partitions. Please feel free to contact me without obligation if you have more questions.

As indicated, you can retain an attorney to file a petition to partition to force a sale if your siblings can not be encouraged to agree to a less costly buy out agreement. Good Luck!

As the others have said, you can ask the court for an order to sell the home and divide the proceeds in the event your brothers refuse to sell or buy out your interest. Please feel free to contact my office to discuss your options. Chris 617-357-4898.

A petition for partiton can be filed in either the Land Court or the Probate Court. One issue that has not been addressed in the previous postings is the adjustment to the sales proceeds that can and routinely is determined by the court based on the income that each person has derived from the property and the expenses that each person has incurred relative to the property. So if, for example, one person has paid the mortgage, or has lived there rent-free (or at a discounted rent), this should all be adjusted in the proceeding.