Legal Question in Real Estate Law in Massachusetts

Forced sale of property

2 people hold title to a property. 1st person is solely responsible for the mortgage. 1st person wants to sell said property, 2nd person does not. What is the course of action for 1st person


Asked on 12/18/08, 8:15 am

3 Answers from Attorneys

Alan Fanger Alan S. Fanger, Esq.

Re: Forced sale of property

There is a procedure in our law known as a petition for partition of real estate that addresses precisely the situation that is the subject of your question. The petition is typically filed in the Probate Court and results in the appointment of a "commissioner" to sell the property (unless the parties agree on a buyout of one another or a sale to a third party).. The proceeding concerning the petition can also address the claims of each party relative to contributions they made to the purchase price, maintenance, mortgage, taxes, insurance, etc., and the court has the power to adjust the amount of proceeds from the sale of the property. You should consult with an attorney concerning details of this process as well as your rights in such a proceeding.

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Answered on 12/18/08, 8:27 am

Re: Forced sale of property

You file a Petition for Partition. I assume the owners are not married. If you are married it makes things more complex.

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Answered on 12/18/08, 10:59 am
Joseph Murray Joseph M. Murray, Esq.

Re: Forced sale of property

Depending on the relationship of the two parties and whether title is joint or a tenancy in common, you may be able to file a petition to partiion in the Probate court to force the sale through an appointed commissioner. Consider retaining an attorney to advise you more specfically.

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Answered on 12/18/08, 12:28 pm


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