Legal Question in Real Estate Law in Massachusetts

selling jointly owned property. DO both parties have to agree to sell? If 1 oparty defaults on taxes what is resourse for other

Asked on 2/19/10, 6:19 am

3 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC.

Yes, all owners will need to agree to and join in a sale. If the other owners will not agree to join in a sale, and they are not interested in either buying out your ownership interest or having their interests bought out, you can bring a petition to partition in court. In a partition action, you are asking the court to order the sale of the property and equitably divide the proceeds among the co-owners.

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Answered on 2/24/10, 6:24 am

Both parties have to agree. If you want to sell and they don't then file a Petition for Partition to force the sale and seek contribution for the payment of taxes. Such actions are somewhat expensive, but better than sitting in limbo.

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Answered on 2/24/10, 9:04 am
Joseph Murray Joseph M. Murray, Esq.

If one joint owner defaults on taxes, the other can pay them and charge back against the other's equity in the property in a sale negotiated by your attorney or through a court ordered sale under a petition to partition filed by your attorney if the other will not agree to negotiate. Good Luck!

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Answered on 2/24/10, 10:57 am

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