Legal Question in Real Estate Law in Massachusetts
Joint title
Brother and sister are on the title to an apart. building in which both live. Brother has reneged on his mortgage payments for over 2 years. Can sister evict him?
3 Answers from Attorneys
Re: Joint title
She wouldn't be able to evict him; however, she could file a petition to force a sale which likely would result in a buyout and a division of the property based upon who made what payments and who didn't.
Re: Joint title
While she could not evict him she could retain an attorney to file a Petition to Partition the property to force a sale or buyout of the property based on their respective contributions to it.
Good Luck!
Re: Joint title
The answer may vary according to the location of the real estate and the form of ownership. If it is in Massachusetts, and it is true "joint ownership," it might be difficult to evict, but it is possible that an action to partition could force the issue.
On the other hand, if an entity (corporation, llc, or trust) owns the building, the situation is a bit different, and you'd have to look at the document which created the entity.
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