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We are three folks that own a two family home as Tenants in Common. One of the owners lives in one of the apartments (the other apartment remains vacant). The person living at the house is refusing to communicate with the other owners and is not able to engage in decisions regarding the house. The two other owners wish to sell. I understand that a Petition for Partition is an option but are there additional concerns if one of the owners lives at the house and refuses to sell? Other options?

Editor's Response

Sorry, I do not know of other options, other than trying to sweet talk the third owner out or offering cash incentives.  As for additional concerns, I am sure you are aware it could get messy.  If the third owner continues to be difficult, you may need a court order to physically evict him/her from the property.  If I were you, I would talk to a MA Attorney who deals with real estate litigation.  Good luck.

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