Jointly owned home- only "one" owner wants to sell

[Chrisjane]

Jurisdiction

Massachusetts

My parents bought home in 1976. After my fathers death my sister bought into my parents home. My mother arranged a 50/50 joint ownership. Construction was done (paid by both of them) to turn home into a house with attached inlaw like apt. (Not zoned for duplex) This was 2007. This year my sister announced she's selling the house, against my mothers' wishes. My mom is 77 and has no desire to move at this time. My sister has contacted realtor and is about to put the house on the market. My mother is too frightened to speak up. Does she have any legal rights to say "I'm not selling" I believe there would be a 50/50 split if sold. The homes value has greatly increased since the 1970's and the area they live would no longer be affordable for my mom. Any advice would be appreciated. Thanks!!

 

[army judge]

A home owned by two or more parties can be legally sold, if one party doesn't want to sell via partitioning.

Partitioning is a court ordered sale, with an equal split of the proceeds.

If the home is sold, see to it that you rent mother a nice apartment.
It's much easier than caring for a home at an advanced age.

 

[Chrisjane]

A home owned by two or more parties can be legally sold, if one party doesn't want to sell via partitioning.

Partitioning is a court ordered sale, with an equal split of the proceeds.

If the home is sold, see to it that you rent mother a nice apartment.
It's much easier than caring for a home at an advanced age.

I was worried this would be the answer but thought there might be a remote chance she could stay. Going forward to prepare my mom if she doesn't cooperate with my sister, would my sister go through a lawyer to enforce the partitioning or how is this instigated?
Thank you!

 

[army judge]

I was worried this would be the answer but thought there might be a remote chance she could stay. Going forward to prepare my mom if she doesn't cooperate with my sister, would my sister go through a lawyer to enforce the partitioning or how is this instigated?
Thank you!

A person doesn't necessarily need a lawyer.
Most people that can read, can simply petition the court for a partition themselves.

Your mother could offer to buy your sister out to avoid moving.

Or, she could hire a lawyer to do so.

The good news, homes don't sell that quickly, so no need to panic.

 

[adjusterjack]

I was worried this would be the answer but thought there might be a remote chance she could stay.

She can stay if she or you buys out your sister's interest.

if she doesn't cooperate with my sister, would my sister go through a lawyer to enforce the partitioning or how is this instigated?

Your sister would be filing a lawsuit against your mother asking the court to force the sale of the home. My guess is that she would probably need a lawyer and your mother would need to hire one, too ($$$$$).

The evil of a partition lawsuit is that the court forces the sales through an auction company and the property is likely purchased by investors for 20% to 40% less than the market value after many, many thousands are paid to attorneys.

Might be wise for your mother to agree to the sale, get her cash, and get into something smaller.

 

[Chrisjane]

Oh wow, so petition filing is definitely not in my mom or sisters' best interest and she really needs to go along with this sale, painful as it is.

Right now the plan is to show the home on my sisters' side only, as my mom has refused to clean up or stage her part. If finding buyer drags on or price drops I worry that she's hurting prospective sales by not cooperating and there could be more trouble.

I guess I am a little panicky as my sister, hard as this is to believe, has been threatening to see a lawyer.

Unless price was lowered she would not be able to buy her out, unfortunately.

Thanks for the helpful comments!