Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When two or more heirs inherit real estate in Massachusetts, they typically hold the property as tenants in common. Each co-owner owns an undivided interest in the whole property. They share equal rights to occupy, use, and profit from it, regardless of their fractional share.
Under Massachusetts law, no co-owner may exclude another from possession. If one co-owner lives in the inherited home, the other may request fair compensation for use and occupation. Massachusetts General Laws chapter 185, section 8 states that a co-tenant in possession must account to the co-tenant out of possession for the fair rental value of the property. For more, see M.G.L. c.185, §8.
If co-owners cannot agree on occupancy or sale, either may file a partition action. Under M.G.L. c.185, §5, the court can divide the land physically (partition in kind) or order a sale and distribute proceeds according to each interest. Section 12 further defines who may seek partition: M.G.L. c.185, §12.
In practice, a judge will examine whether physical division is feasible. If not, the court orders a public sale. Each co-owner then receives a share of the net proceeds proportional to their ownership interest.
One co-owner may buy out the other to avoid sale. They can negotiate a buyout price based on an independent appraisal. If they can’t agree, the partition action remains the final remedy.
Before filing for partition, consider mediation. A neutral mediator can help heirs reach a voluntary agreement on occupancy, buyout terms, or sale timing. Mediation can save time, legal fees, and preserve family relationships.
Helpful Hints
- Understand your interest: Confirm your percentage share in the property before negotiating.
- Get an appraisal: A professional valuation helps set buyout or rental rates.
- Offer fair rental value: Calculate use-and-occupancy charges based on local market rates.
- Consider mediation: It often resolves disputes faster than court.
- Weigh costs vs. benefits: Partition actions involve court fees, legal expenses, and appraisal costs.
- Plan for taxes: Sale proceeds may trigger capital gains or estate tax liabilities.
- Discuss improvements: Improvements by one co-owner may entitle them to reimbursement or credit at sale.
- Seek legal guidance: A qualified attorney can explain deadlines, court procedures, and valuation methods.