Hello. My brother was injured in a fall at a store in Massachusetts and the thing ended up in a local small n....
The issue is controlled,or is supposed to be controlled, by the Massac....
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5/22/2012 07:24 by JeromeW |
Hi,
Can you explain the laws around renting your apartment to people with children or looking to have childre....
There are many posts on this forum dealing with MA lead paint law, inc....
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5/21/2012 08:05 by dare2dream |
I am sole guardian for my special needs child. They have visitation with their father. He is not communicating....
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5/21/2012 07:48 by melelllan |
We have been awarded a $200,000 judgement in a probate matter that has gone on for years. The execeutor of my ....
I understand your desire to get a second opinion on this matter. ....
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5/20/2012 16:20 by massconfusion27 |
I received a Summons in the Mail to appear in Court in June for a B & E misdemeanor. I went to the Police Depa....
The answers to your questions are as follows: (1) The police departmen....
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5/19/2012 22:26 by completelyconfused |
The Massachusetts Public Health Council just approved new regulations (105 CMR 309) intended to give healthcar....
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5/18/2012 10:42 by The Editor |
I'm supposed to go to my SSDI hearing next week before an administrative law judge and I'm getting very nervou....
You didn't say if you have an attorney or not. If you do not, yo....
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5/17/2012 06:49 by TinaW |
I'm thinking about filing bankruptcy but my situation is so bad that I'm worried about not be able to recover ....
I've just consulted my crystal ball and the answer is . . . . &nb....
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5/16/2012 07:31 by Tarrant |
My brother is the power of attorney for my elderly mother. She is demented and often confused about her finan....
Yes, nothing to worry about. The terms Power of Attorney and Att....
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5/14/2012 06:51 by AABates |
Hello. In Massachusetts let’s say I’m paying say $8,000 a year in Child Support to 23. Under the agreemen....
If your Agreement says you should pay child support until the child is....
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5/4/2012 22:18 by divorced_with_children |
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
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10/2/2011 18:37 by Anonymous |
Editor's Response
Yes, you are correct. A petition to partition is sort of like a divorce proceeding in the sense that the court must make an equitable determination of the rights of the parties who own the property. Depending on the situation, the court may look at factors such as the respective contributions to the purchase of the property, payments made on any loan, time spent working on the property, and any other factors that may indicate one party is entitled to more or less than an even division. The process can take months or years depending on the individual case, the issues to be resolved, and the county where the property is located. Every county has varying back-logs of cases and different waiting periods before the parties can schedule matters before the judge.
Assuming your two siblings are able to obtain a mortgage, then they may have the option of buying your interest in the property. If they cannot afford to buy your interest then, yes, they will have to move. I cannot offer a good guess regarding the cost. In addition to filing ($255) and service fees, you will have to pay for the court appointed commissioner, a broker and an appraisal fee. Those costs will vary from case to case. I would try to work the matter out with your siblings. If that does not work and you can afford to talk to an experienced Massachusetts real estate lawyer, he or she may be able to save you a lot of trouble and money by negotiating a settlement that satisfies the needs of all parties involved. Frequently, the other owners of a property will become more willing to discuss settlement after your attorney actually files and serves the petition. Good luck.