Massachusetts — Court Appointment of a Commissioner for a Private Sale in a Partition Action
Detailed Answer In Massachusetts, a co-owner who asks the court to divide real property can also ask the court to appoint a commissioner (sometimes called a master or referee) to carry out a sale of the property. Courts have discretion about how to effectuate partition. They may order partition in kind (divide the land), or […]
Read article →Negotiating a Co-Owner Buyout in Massachusetts: Options, Steps, and Tips
Negotiating a Buyout of a Co-Owner in Massachusetts Disclaimer: This information is for education only and is not legal advice. Consult a licensed Massachusetts attorney about your particular situation before signing any agreement or filing court papers. Detailed Answer Yes. In Massachusetts, co-owners can generally negotiate a buyout of one owner’s share instead of pursuing […]
Read article →Massachusetts: Forcing the Sale of Inherited Co‑Owned Land — Legal Steps and Practical Tips
FAQ — Legal steps and options to obtain a court‑ordered sale of jointly owned inherited land in Massachusetts Detailed Answer Short answer: If you and other heirs own real estate together and cannot agree on what to do, you can ask a Massachusetts court to partition the property. The court can divide the land among […]
Read article →Arranging a Property Survey for Co-Owned Real Estate in Massachusetts
Steps, Rights, and Options When You Share Land with a Family Co-Owner Detailed answer — what to do and what to expect Co‑owning real estate with a sibling can make even simple tasks—like confirming exact boundaries—more complicated. Below is a clear, step‑by‑step approach you can follow in Massachusetts, plus legal options if your co‑owner does […]
Read article →Massachusetts: Can Heirs Keep a House Instead of Selling It?
Keeping Family Real Estate When Multiple Heirs Inherit in Massachusetts When a decedent’s home passes to two or more people, heirs often want to keep the property in the family rather than force a sale. This article explains practical options under Massachusetts law, how courts treat joint ownership, and steps heirs can take to preserve […]
Read article →Who Pays for a Property Survey When Co-Owners Disagree — Massachusetts
Detailed Answer This answer explains who typically pays for a property survey when co-owners disagree, and what you can do under Massachusetts law. This is a general explanation and not legal advice. Basic rule: whoever hires the surveyor usually pays up front If one co-owner orders a survey without the others' agreement, that co-owner almost […]
Read article →Massachusetts: Partition Action When a Co‑Owner Is Incompetent and Has a Court‑Appointed Guardian
How a Partition Case Works When a Co‑Owner Has a Court‑Appointed Guardian in Massachusetts Short answer: A partition action can proceed when one co‑owner has been adjudicated incompetent; the guardian normally acts for the incompetent owner in the partition case, but the guardian and the court (Probate or Superior/Land Court) must follow specific procedures to […]
Read article →How to Start a Partition Action in Massachusetts to Divide or Sell Real Estate
Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a Massachusetts attorney experienced in partition actions. Detailed Answer If co-owners of Massachusetts real estate cannot agree on occupation, division, or sale, any co-owner (a tenant in common or joint tenant) can ask a court […]
Read article →How to Buy Out Siblings’ Interests in Co-Owned Property in Massachusetts
How to Buy Out Siblings’ Interests in Co-Owned Property (Massachusetts) Quick disclaimer: This article is for educational purposes only and is not legal advice. Consult a Massachusetts attorney before taking legal or financial steps. Detailed answer — Step-by-step process If you want to keep a family home that you co-own with your siblings, the usual […]
Read article →Massachusetts: Forcing a Sale When Some Family Members Refuse to Sell
Can I force a sale of property when some family members want to sell but others refuse? Short answer: Yes — under Massachusetts law, a co-owner can ask a court to force a sale by filing a partition action. The court will usually try to divide the property (partition in kind) but can order a […]
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