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  Massachusetts Legal Forum  Massachusetts  Trust Estates  Forced land court partition sale
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New Post 10/18/2007 3:06 PM
User is offline Mr 12
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Forced land court partition sale 

My sister and I are the only names on the deed for the house which my mother currently resides. She is legally entitled to remain in the home until she passes. Due to several factors, I denied their request to sign over the deed several years ago. I've recently received notice from my mother's atty. again requesting that I voluntarily sign over the deed {my sister has already agreed} so my mother can sell the home and buy a condo. If I don't agree she will take other legal action, further suggesting she will file a forced land court partition. What are the possible outcomes and my best options? Thanks very much in advance...

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New Post 12/4/2007 11:59 AM
User is offline Wasslaw
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Re: Forced land court partition sale 

Mr 12,

If two people own a home together (you and your mother), and one of them wants to sell while the other does not, the law provides a mechanism known as an action to partition.  This essentially means that if one party is unwilling or unable to buy the other out, a Court may order the property be sold on the open market and the proceeds of the sale split between the owners.

 

As for further options and creative solutions, you would need to discuss  your case in further detail with a qualified attorney.

 

Please visit the True Lawyers Directory or contact

The Law Office of Brian J. Wasser, Esq. at (508) 862-9999. (yours truly).

Thank you for the opportunity to be of service.

 

 

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