What Rights Do Co-Owners Have in MA When One Heir Lives in an Inherited Property and Another Wants to Sell?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When two or more heirs inherit real estate in Massachusetts, they typically hold the property as tenants in common. Each co-owner owns an undivided interest in the whole property. They share equal rights to occupy, use, and profit from […]
Read article →How to Apply for a Medicaid Hardship Waiver to Protect Inherited Property from Estate Recovery Claims in Massachusetts
Detailed Answer Under Massachusetts law, the Division of Medical Assistance (MassHealth) seeks to recover benefits paid on behalf of individuals aged 55 or older through the Estate Recovery Program. This program may claim inherited real property, such as a family home, to recoup costs. However, heirs can request a hardship waiver to protect inherited property […]
Read article →Massachusetts: Steps to Initiate or Consent to a Partition Action Before a Court-Appointed Commissioner
Disclaimer: This article is for educational purposes only. It is not legal advice. Consult a qualified attorney to address your specific needs. Detailed Answer Under Massachusetts law, co-owners of real estate may seek a court-ordered partition when they can’t agree on the use or disposition of jointly held property. A court-appointed commissioner facilitates the process, […]
Read article →What options exist if co-owners cannot agree on a buyout price in Massachusetts?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer When co-owners of real estate in Massachusetts cannot agree on a buyout price, they have several options: Private Negotiation and Appraisal: Co-owners can hire an independent real estate appraiser to […]
Read article →What process allows a party to force sale of property through a partition hearing in MA?
Detailed Answer Overview of Partition in MassachusettsUnder Massachusetts law, co-owners of real property who cannot agree on its use or disposition may initiate a partition action to divide or sell the property. This process is governed by M.G.L. c. 241, §§ 1–54. Any joint tenant, tenant in common, or co‐owner can file a complaint for […]
Read article →How Does a Partition Action Work to Resolve a Dispute Among Multiple Owners in MA?
How a Partition Action Resolves Co-Owner Disputes Under Massachusetts Law Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance specific to your situation. Detailed Answer What Is a Partition Action? Under Massachusetts law, a partition action allows co-owners of real property to divide […]
Read article →How do existing mortgage obligations affect the sale and division of proceeds in a partition in Massachusetts?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When co-owners file a partition action under Massachusetts law (M.G.L. c.241), any existing mortgages remain valid liens on the property. Typically, the court orders a judicial sale under M.G.L. c.241 §2. At that sale, mortgage liens attach to the […]
Read article →What legal options exist if co-owners cannot agree on sale logistics or cost sharing in Massachusetts?
Detailed Answer When two or more individuals co-own real estate in Massachusetts—either as tenants in common or joint tenants—each holds an undivided interest. Major decisions such as sale timing, listing price and cost sharing require unanimous consent. If co-owners cannot reach agreement, Massachusetts law provides several avenues to resolve the dispute. 1. Partition Action Under […]
Read article →Can I Partition Property with My Spouse After Separation but Before Divorce in Massachusetts?
Detailed Answer In Massachusetts, a partition action allows co-owners of real estate to physically divide property or sell it and split the proceeds. You can start this action regardless of your marital status if you hold the property as tenants in common. (See M.G.L. c.241 §1.) If you and your spouse hold property as tenants […]
Read article →What Steps Are Required to Schedule a Hearing in a Partition Action in Massachusetts?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer In Massachusetts, partition actions are governed by Massachusetts General Laws Chapter 241. Once the complaint in partition has been served on all interested parties and no answer is filed within the time allowed, the plaintiff may seek to schedule a […]
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