Detailed Answer

Disclaimer: This is general information only and not legal advice. Consult a Massachusetts real estate or probate attorney about your specific situation before taking legal action.

Below is a clear, step-by-step explanation of how a person in Massachusetts can buy out co-owners’ interests in family real estate instead of forcing a sale. A short hypothetical runs through the typical facts so you can see how the process usually works.

Hypothetical facts (example used to explain the process)

Suppose your father recently died and his house passed to you and two siblings, each holding a one-third interest as tenants in common. You want to keep the house and buy your siblings’ one-third shares so the property is solely in your name.

1. Confirm who actually owns the property and how it’s titled

Get a copy of the recorded deed and review the title at the local Registry of Deeds. The title will tell you whether the property is held as tenants in common, joint tenancy, or if it is still part of your father’s probate estate. In Massachusetts you can search the county Registry of Deeds online or in person: Massachusetts Registries of Deeds.

2. If the property is still in probate, coordinate with the personal representative

If the house remains part of your father’s estate, the personal representative (executor or administrator) controls estate assets until distribution. The representative can often propose and approve a sale or transfer to an heir, but sometimes court permission is needed. See the Massachusetts Probate Code for the general rules on administration: M.G.L. c. 190B.

3. Determine value and the buyout price

Order a professional appraisal or get a broker’s market analysis to establish fair market value.
Decide whether to pay each sibling their proportionate share of appraised value (e.g., one-third each) or to negotiate a different price.
Remember that paying below market value may create gift-tax or capital-gain issues—talk with a tax advisor.

4. Arrange financing

Consider how you will fund the buyout:

Cash purchase from savings.
Refinancing or taking a new mortgage in your name to cash out the siblings’ shares (lenders usually require clear title and proof you can afford the loan).
Seller financing—one or more siblings may accept installment payments, documented by a promissory note and mortgage or lien.

5. Draft and sign a purchase agreement and closing documents

Use a written purchase-and-sale agreement that states the price, what is included, payments, and any conditions (e.g., mortgage payoff). At closing you will exchange funds for a deed (typically a quitclaim deed or a general warranty deed). A title company or attorney can prepare the deed and handle escrow and recording.

6. Title search, clearing liens, and recording the deed

Have a title search performed to discover mortgages, liens, or easements. Payoff or otherwise resolve outstanding liens before recording. After closing, record the deed at the county Registry of Deeds to put the world on notice of the change in ownership.

7. If a co-owner refuses to sell: partition actions and risks

If negotiation fails, Massachusetts law allows any co-owner to file a partition action in court to force division or sale of the property. The statute governing partition actions is Chapter 241: M.G.L. c. 241. A judge can order a physical division (partition in kind) if practicable, or an equal division of sale proceeds after ordering a sale if division in kind is not feasible. Court proceedings can be costly and unpredictable, and the outcome may be an ordered sale—which is exactly what you are trying to avoid.

8. Special considerations when heirs inherit property

If the property passed to heirs at death, the beneficiaries’ cost basis often gets a stepped-up basis at the decedent’s date of death for federal tax purposes. Consult a tax professional to understand capital-gains consequences when you later sell or transfer the property.
If one heir buys out others for less than market value, the reduced price may be treated as a gift for federal gift-tax purposes—again, check with a tax advisor.

9. Suggested documents and steps to gather now

Recorded deed and current legal description.
Death certificate (if applicable) and will or probate papers.
Mortgage statements, property tax bills, and utility bills.
An appraisal or broker CMA.
Contact information for all co-owners.

10. When to involve professionals

Hire a Massachusetts real estate attorney if:

Title is unclear or the property is in probate.
Co-owners won’t agree and you may need to litigate (partition).
You need help drafting sale documents, deeds, mortgages, or promissory notes.

Work with a licensed appraiser and a tax advisor for valuation and tax consequences. Use a title company or real estate attorney to close and record the transaction properly.

Key Massachusetts legal resources

Massachusetts Registries of Deeds: https://www.mass.gov/orgs/registry-of-deeds
Partition statute (M.G.L. c. 241): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter241
Massachusetts Probate Code (M.G.L. c. 190B): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter190B
Massachusetts Probate and Family Court locations and resources: https://www.mass.gov/locations/probate-and-family-court

Helpful Hints

Get everything in writing. Verbal agreements among siblings often lead to disputes.
Start with a calm, documented offer. A fair, prompt cash offer can encourage cooperation.
Use neutral professionals (appraiser, mediator) to reduce emotional conflict.
Consider refinancing in your name to buy out siblings. Lenders typically require clear title and proof you can cover the mortgage alone.
Ask siblings about flexibility on timing or payment terms—seller financing can be a win-win.
Consider a short formal mediation before filing any court action; courts look more favorably on parties who tried to resolve disputes first.
Be aware that a partition lawsuit can result in an order to sell, so evaluate whether a negotiated buyout is cheaper and faster than litigation.
Consult a tax professional early to avoid unexpected federal or state tax consequences.

If you want, I can outline a sample buyout offer letter or list questions to ask an attorney at your first consultation.