Detailed Answer
When two or more people inherit or own real estate together in Massachusetts, each co-owner contributes to the property. If one co-owner pays for improvements—such as a new roof, remodeling, or landscaping—they may seek reimbursement. Under Massachusetts law, this usually occurs through a partition action.
1. Partition Action Under M.G.L. c. 185, § 9
A partition action asks the court to divide or sell the property. In a sale, the statute allows the court to credit a co-owner for “necessary and valuable improvements.” The court examines:
- Whether the improvements increased the property’s fair market value.
- If the improvements were reasonable and properly documented.
- Each co-owner’s share before and after improvements.
Reference: M.G.L. c. 185, § 9.
2. Agreement in Advance
If co-owners agree in writing before making improvements, the agreement controls. It can set reimbursement terms or percentages. Always get written consent to avoid disputes.
3. Common-Law Contribution
Massachusetts courts generally do not require co-owners to share improvement costs during joint ownership. However, if one co-owner pays taxes, mortgage interest, or necessary repairs, they may seek contribution from the other co-owner, either by agreement or in a partition.
4. Steps to Seek Reimbursement
- Collect Documentation: Save all invoices, receipts, contracts, and before-and-after photos.
- Appraise the Property: Obtain a professional valuation showing increased value due to improvements.
- Attempt Mediation: Propose mediation or negotiation with your co-owner to split costs equitably.
- File a Partition Action: In Superior or Probate Court, file a partition petition under M.G.L. c. 185.
- Present Evidence: Submit receipts, appraisals, and any written co-owner agreements to the court.
Helpful Hints
- Keep Detailed Records: Track all expenses and improvements from start to finish.
- Get Written Agreements: Before any major work, document approval and cost-sharing plans.
- Consult a Real Estate Attorney: Even though this is not legal advice, professional guidance can clarify your rights.
- Consider Alternative Dispute Resolution: Mediation can save time and costs versus a full court proceeding.
- Learn Statutory Deadlines: Massachusetts has specific timelines for filing partition actions—don’t miss the window.
Disclaimer
This article provides general information about Massachusetts property law and is not legal advice. For advice specific to your situation, consult a qualified attorney.