What to do when a co‑owner heir refuses to move out or sell their share of inherited property in Massachusetts

Detailed answer — how Massachusetts law works and the steps you can take

Hypothetical facts to keep in mind: you and one or more heirs inherited a family home in Massachusetts. One heir moved into the house after probate and now refuses either to move out or to agree to sell the property. You want to know your legal options and likely outcomes.

Who owns what after inheritance?

When property passes by will or intestacy and multiple heirs receive the property, they commonly become co‑owners (typically tenants in common). Each owner holds an undivided share of the whole property even if one person lives there. The right to use the property does not automatically grant sole control.

Primary legal option: File a partition action

Under Massachusetts law, a co‑owner may force a division of real property by bringing a partition action. The partition statute and procedures are in Chapter 241 of the Massachusetts General Laws. A court that hears a partition action will either:

• Order a physical division of the property (partition in kind) if the court finds it practical, or
• Order a sale of the property and divide the proceeds among the co‑owners according to their ownership shares if division in kind is impractical.

See Massachusetts General Laws, Chapter 241: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter241

What the court considers, and what may happen after a partition action

• The court may appoint commissioners to value the property, allocate portions, or oversee the sale.
• If the court orders a sale, it will typically credit or charge co‑owners for mortgage payments, taxes, necessary repairs, and possibly for rents and profits if one co‑owner occupied the property to the exclusion of others.
• The court can apportion proceeds fairly, which can include adjustments for improvements or waste created by one co‑owner.

Can you evict an heir who lives there?

Eviction procedures in Massachusetts (summary process) usually apply to landlord‑tenant relationships and depend on the legal basis for possession. A co‑owner who occupies the property does not automatically become a tenant who can be removed through summary process. Instead, forced removal often follows the practical result of a partition sale: once the property is ordered sold, the sale proceeds get distributed and the occupant must leave because ownership will transfer to a buyer.

In some cases, courts may order the occupant to vacate or may award possession to another co‑owner during litigation, but that relief depends on the facts and the court’s equitable powers. If you think you need immediate possession or are losing rental income, raise that issue in the partition action (or a separate equitable action) so the court can consider interim relief, accounting for rents, or injunctive measures.

Other common options before or instead of court

• Negotiate a buyout: one co‑owner pays the fair market value of the other’s share (get an appraisal).
• Sell the property by mutual agreement and split proceeds.
• Use mediation to reach an agreement on sale, buyout price, or occupancy terms with a neutral mediator.
• Request an accounting for rents, mortgage payments, taxes, and improvements; sometimes a resolving settlement will include credits or reimbursements.

Practical timeline and costs

Partition lawsuits take months to over a year depending on complexity, valuation disputes, and court schedules. Expect court costs, appraisal fees, attorney fees, and payment of any mortgages or liens before sale proceeds are distributed. A negotiated buyout or sale often saves time and expense.

Key Massachusetts statutes and resources

• Partition actions — Massachusetts General Laws, Chapter 241: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter241
• Probate and estate procedures (for background on how the property passed): Massachusetts General Laws, Chapter 190B: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter190B
• Massachusetts Probate and Family Court information and local contacts: https://www.mass.gov/orgs/probate-and-family-court
• For landlord/tenant summary process background: Chapter 239 (summary process): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter239

Helpful Hints — practical steps to protect your rights

1. Confirm legal ownership. Get a copy of the deed and any probate orders showing how title passed. A title search will reveal mortgages or liens.
2. Get a current market appraisal. This is essential for buyouts or valuing a sale.
3. Document occupancy and expenses. Keep records of mortgage, taxes, insurance, utilities, repairs, and any rent you believe you’re owed.
4. Send a written demand. A clear, documented request to the occupying heir to agree to sell or to buy you out can help later in court and sometimes prompts negotiation.
5. Consider mediation. Courts often favor negotiated resolution. Mediation can narrow issues or produce a buyout agreement quickly and cheaply.
6. Weigh costs vs. benefits. If your share is small or the property has little equity, a partition suit’s cost may outweigh the recovery. A negotiated sale might be better.
7. Consult a probate or real estate attorney early. An attorney can explain how local courts treat partition claims, help draft demand letters, and advise whether to seek interim relief (accounting, injunction, or possession orders).
8. Be prepared for timing. Litigation can be slow. If you need money or quick resolution, prioritize negotiation or a buyout if the price is fair.

Next steps

If you want to proceed, gather the deed, the will or probate paperwork, recent mortgage statements, tax bills, insurance bills, and any communications with the occupying heir. Take these to a licensed Massachusetts attorney who handles probate, real estate, or partition matters to get advice tailored to your exact situation.

Disclaimer: This post explains general legal concepts under Massachusetts law for educational purposes only. It does not create an attorney‑client relationship and is not legal advice. For advice about your situation, consult a licensed Massachusetts attorney.