Detailed Answer — How heirs can keep the home instead of selling

Basic legal background: When someone dies owning real estate in Massachusetts and the property passes to more than one heir (for example under a will or by intestacy), the new owners typically hold title together. Absent a clear survivorship arrangement (like a properly created joint tenancy with right of survivorship), those owners are generally tenants in common — each owns an undivided share of the whole property. Tenants in common have equal rights to possession, but each owner can demand a partition of the property.

Partition and the court’s role: Massachusetts law allows any co-owner to bring an action for partition. The statutory framework is in Chapter 240 of the Massachusetts General Laws (see the partition statute: M.G.L. c.240 §1). In a partition action the court will generally try to divide the land physically (partition in kind) when practical; when physical division is not feasible or fair, the court will order a sale and divide proceeds among the owners. A forced sale is the main legal mechanism that can override heirs who want to keep the property.

Ways heirs can keep the house:

• Agreement and buyout: The simplest method is negotiation. One or more heirs can buy out the others at an agreed price. Typical steps: obtain a professional appraisal, negotiate a buyout price (often reflecting each heir’s share), document the transaction with a deed and possibly a promissory note or mortgage if the buyer needs seller financing.
• Partition in kind (keep different parts): If the parcel can be fairly divided (physically or by allocating units/space), heirs can request or propose a partition in kind. This is uncommon for a single-family home on one lot, but may work for multi-unit buildings or large estates.
• Co-ownership agreement or buy-sell plan: Heirs can sign a written agreement covering occupancy, maintenance, insurance, taxes, cost sharing, and conditions for a later sale or buyout. A clear agreement reduces dispute risk and can include timelines and valuation methods for future buyouts.
• Create a trust or change title: The heirs may transfer the property into a family trust controlled by an heir or trustee, with buyout provisions for minority owners. Consult counsel because transfers have legal and tax consequences.
• Refinance to pay out other heirs: If one heir can qualify for a mortgage alone, that heir can refinance the mortgage in their name and use loan proceeds to pay other heirs for their shares, then take sole title via a deed transfer.
• Occupancy arrangements and payments: Heirs who live in the house can agree to compensate non-occupant co-owners (rent, mortgage/tax contributions) to avoid immediate buyouts—but this requires explicit terms to prevent disputes.

What happens if heirs cannot agree? If negotiations fail, any co-owner can file a partition action under Massachusetts law. The court will evaluate whether partition in kind is feasible. If not, the property will likely be sold and proceeds divided: this is how a sale can be forced even if some heirs want to keep the house. See M.G.L. c.240 (partition procedures): Chapter 240.

Practical steps to protect the house from an unwanted sale:

1. Confirm ownership and how title vests (deed, will, or probate distribution). If the decedent died intestate (no will), Massachusetts intestacy rules govern distribution — see the probate statutes (e.g., M.G.L. c.190B): M.G.L. c.190B §3-201.
2. Get a current appraisal and a clear accounting of mortgage, property tax, insurance, and repair needs.
3. Talk with co-owners about buyout or co-ownership terms; document any agreements in writing.
4. If a buyout is pursued, use a written purchase agreement, record a deed change, and consider a promissory note or mortgage if financing the buyout.
5. If you fear a partition suit, contact an attorney experienced in Massachusetts real estate or probate law early. Mediation can often resolve disputes faster and cheaper than litigation.

Timing and probate considerations: If the transfer occurs through probate, the Personal Representative/Executor administers estate assets. Executors should notify heirs and provide an accounting. Probate deadlines and procedures can affect timing for sale or transfer. For general probate information and local court contacts, see the Massachusetts Probate and Family Court resources: Massachusetts Probate and Family Court.

Tax and financial issues to consider: Keeping the home can have mortgage, tax, and insurance consequences. Many heirs receive a stepped-up tax basis at death (federal tax concept), which affects future capital gains if the property is later sold. Talk to a tax advisor before completing transfers or buyouts.

Key takeaway: Yes—heirs can often keep the house, but doing so requires agreement or legal steps (buyout, trust, refinance, co-ownership agreement). Without agreement, any co-owner may force a sale through a partition action under M.G.L. c.240, so timely negotiation, documentation, and legal help are important.

Helpful Hints

• Verify title early: get a certified title report or check the deed with the county registry to confirm how the property vests.
• Order a professional appraisal before negotiating a buyout; an honest market value helps avoid disputes.
• Put any co-ownership agreement in writing and record deeds promptly after transfers.
• Consider mediation before filing any court action; it is faster and cheaper than litigation and preserves family relationships.
• Explore seller-financing or promissory notes if a buyer-heir lacks mortgage financing immediately.
• Consult a Massachusetts real estate or probate attorney to drafts deeds, trust documents, or buy-sell agreements and to explain probate timing and filing requirements.
• Keep records of all payments and contributions for taxes, mortgage, utilities, and repairs to support any future accounting among co-owners.
• Be aware of the threat of a partition action. If you want to keep the home, act proactively—delay increases risk of an enforced sale.