Legal Question in Real Estate Law in Massachusetts

If six people, (3 couples), own a house as "tenants in common" in Massachusetts, and 4 out of the 6 want to sell, can we do it? Or does it have to be unanimous?


Asked on 9/12/10, 7:16 am

2 Answers from Attorneys

You can sell your interest in the home but absent an agreement that says majority rules, the answer is no. However, you can file a Petition to Partition to sell the home in Probate Court. This will force the other owners to either buy the two other couples out of the property or the court will order the properties sale.

Please feel free to contact me directly if you have more questions.

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Answered on 9/17/10, 8:39 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

You may absolutely agree to sell your interest in the property to the remaining property owners, if they are amenable to that. If you cannot all agree on how to value your individual shares in the property, unwilling to buy out your interest, and unwilling to sell the property and divide the proceeds, you will need to file a petition for partition.

This is a request that the court order the home to be sold and the proceeds shared equitably among the co-owners. If you would like to discuss the procedure in greater detail, do not hesitate to contact my office.

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Answered on 9/17/10, 12:55 pm


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