Here to help

[MikeC]

Hi,
I'll be glad to answer any questions.

[GeorgeC]

My wife and her four (adult) siblings inherited a single family home during February of 2005 as tenants-in-commom having equal shares. The home is located in Massachusetts. My wife and I had expressed interest several years earlier about purchasing this property, and were approached to do so after the unfortunate passing. One of the siblings has been, and remains, living on the premises and he refuses to sign a Purchase and sale agreement. We have offered, in vain, a couple of different solutions. His reasons are not financial -- he simply feels the house should have been given to him alone, arguing that he has been living there for many years with his mom. Meanwhile the property is becoming run down.

Do we have any recourse?

[MikeC]

Yes you do. If there are 4 of you who are tennants in common in the property, and you cannot reach a decision between the 4 of you, you will have to file a partition suit.

You will have to do it through an attorney (one who knows what a partition suit is) and what will happen first is that a judge will sit down with the 4 of you and try to reach an agreement between the 4 of you. That's called "partition in kind".

If that doesn't work, he will order the property sold and the money that comes as a result will be divided between the 4 of you according to your interests in the property. This phase is called "partition in licitation".

The thing is, if you want to purchase the property, once it goes up for sale, you can immediately make an offer. Sounds to me like it is your best chance of getting the house.

Good luck.

[GeorgeC]

Thanks Mike!

Other than the obvious family squabbles, are there any pitfalls to 'partitioning' (i.e., Can it be blocked)?

Are the financial costs worth it?

[MikeC]

As with any legal proceeding, there can be pitfalls. But if the parties cannot agree, the judge will order a sale.

The cost depends upon your attorney. It is possible that you could go to court and file the petition for partitioning yourself but I would think you would want to use an attorney for that.

Let us know how it comes out! :)