1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

partition

Discussion in 'Joint Ownership' started by jsarniejr, Sep 24, 2015.

  1. jsarniejr

    jsarniejr Law Topic Starter New Member

    Messages:
    9
    Likes Received:
    0
    Trophy Points:
    1
    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
     
  2. army judge

    army judge Super Moderator

    Messages:
    32,011
    Likes Received:
    4,765
    Trophy Points:
    113

    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
     
  3. jsarniejr

    jsarniejr Law Topic Starter New Member

    Messages:
    9
    Likes Received:
    0
    Trophy Points:
    1
    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?
     
    Last edited: Sep 25, 2015
  4. army judge

    army judge Super Moderator

    Messages:
    32,011
    Likes Received:
    4,765
    Trophy Points:
    113

    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
     

Share This Page