Full question:
My father passed away over 3 years ago. Before hid death he gave my sister half of his house and in his will gave her everything which later on he told us she was forcing him to do. But before he passed away he was able to change his will but not half ownership of his house so he gave me and my 2 brothers his half. Since he passed we had to go to court because she fought him changing the will and she lost. So now, my brothers and I have been the only ones paying the real estate tax bills and all other bills for the house she has not paid one dime, what can we do since she owns half of the house. We have been trying to get her to let us put it up for sale and she is always delaying and not argreeing to anything. What are her rights to the house since she doesn't even pay for any of it?
- Category: Wills and Estates
- Date:
- State: Massachusetts
Answer:
The rights of co-owners depend on how the property was conveyed in the will. It's important to review the will's language to understand the type of ownership established.
In a tenancy in common, each owner holds an undivided interest in the property and has equal rights to use it. Ownership can be unequal, and there is no right of survivorship. Each tenant in common can sell or will their share separately.
Joint tenancy, on the other hand, allows surviving owners to inherit the whole property upon the death of a co-owner. Joint tenants have equal rights to the property, but this can be severed to create a tenancy in common.
Generally, all co-owners share the responsibility for property expenses, including taxes, unless otherwise agreed. If one co-owner is not contributing, the other owners may seek an equitable lien to recover those contributions.
If you and your brothers want to sell the property, you can file for a partition action in court. This legal process can force the sale of the property and divide the profits among co-owners. A partition order typically involves an appraisal to set a fair market price for the property.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.