partition

jsarniejr

New Member
Jurisdiction
Massachusetts
My sister brother and I were gifted my dad's house years before his actual death in 2013 . We have a verbal agreement with no time table that my sister (who was divorced and living with my dad for the prior ten years) could stay in the house as long as she paid the taxes and the home owners insurance . My brother and I now want to have her get a mortgage and buy us out or we will file a partition to sell . Does she have any claim against us for the 2 odd years of paying the taxes and insurance and in general does she have any rights I dont know about since she was living in the house 10 years prior . all 3 of us are on the deed as equals Thanks John
 
My sister brother and I were gifted my dad's house years before his actual death in 2013 . We have a verbal agreement with no time table that my sister (who was divorced and living with my dad for the prior ten years) could stay in the house as long as she paid the taxes and the home owners insurance . My brother and I now want to have her get a mortgage and buy us out or we will file a partition to sell . Does she have any claim against us for the 2 odd years of paying the taxes and insurance and in general does she have any rights I dont know about since she was living in the house 10 years prior . all 3 of us are on the deed as equals Thanks John

She might assert such an offset, ie paying taxes, but you could counterclaim for Rent.

No way anyone can say for certainty what another person will do.

No need to wait if you want to file a motion for partition, bring your issues before the court.

Git 'R Done


Meanwhile, some useful reading for you:

Massachusetts Partition Actions: An Overview

Massachusetts Partition Action: MA Partition Sale Laws
 
Thanks you I am meeting with a real estate attorney in a few weeks but my follow up question would be . Is a partition action defensible from my sisters position ?. My dad's estate attorney (who admits she has forgotten more about real estate law then she remembers) claims she remembers it as being fairly indefensible?
 
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Thanks you I am meeting with a real estate attorney in a few weeks but my follow up question would be . Is a partition action defensible from my sisters position ?. My dad's estate attorney (who admits she has forgotten more about real estate law then she remembers) claims she remembers it as being fairly indefensible?

That's not how I'd pose the question. Everything is defensible. It doesn't matter what position the defendant takes. As the plaintiff, you simply litigate your case as best you can. The only sure bet in this life, is none of us live forever. Event the end is never known to us until a moment or two before we take our last breath.

Your case, a partition, will be won. Why worry about what the property is worth? Why worry if the judge says the deadbeat gets ten grand more than you?

The home could be worth $50,000,000 to you, but if the best offer you get is $50,000; you'll never see the fifty million. Just do the best you can, no one can ever guarantee what a judge or a jury will do. I stopped guessing years ago, because I'd always guess wrong. LOL
 
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