Legal Question in Real Estate Law in Massachusetts

My husband is one of two remainderman on a life estate. The other remainderman is threatening to move into the home upon the death of the person with the life estate. What can be done if that happens and would my husband be due rent of any kind?


Asked on 1/19/12, 7:46 pm

3 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

As a co-owner he has the right to live in,the proerty and he doesn't pay rent.

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Answered on 1/20/12, 1:24 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Co-ownership can be very difficult. Technically, you both have the right to live in the unit. You also both have the right to rent out the unit. He cannot bar you from the unit, and you cannot bar him from the unit. If you cannot agree on how to share the unit, either owner may buy out the other owner's interest. They also have the option to sell the property and divide the proceeds, if any. Failing that, either owner may ask a court to order the sale of the property and to fairly divide the proceeds. My advice is to sit down with an attorney and negotiate a property ownership to deal with these things. Do not wait for the crisis of the death of the life tenant. We frequently assist clients in matters like this, both in and out of court. 617-357-4898.

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Answered on 1/20/12, 6:50 am


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