QUESTION
I own a property with three others; each have 1/4 share. They want to sell and I do not. Can they sell without me?
Asked on May 28th, 2014 on Residential Real Estate - Massachusetts
More details to this question:
We are all four on the mortgage equally. Since I want to keep the property, can I require them to pay off their 1/4 each of the mortgage in order to release them from the debt?
1 ANSWER
Dear Anonymous,
If all of you are on the deed as tenants in common, then they can force a sale of the property via a Petition to Partition. The only way to prevent the sale is if you have an agreement not to sell the property. Even if 1 of the 4 parties wants to sell property that cannot be divided, then that person can force the sale.
Answered on May 28th, 2014 at 4:54 PM
Wyckoff Nissenbaum 617-466-6620 somervillelawoffice.com