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I own a two family house with another family member. We both live in the house. They want to move and we are not in a financial position right now to allow us to buy them out or to sell and buy another house. They are threatening to file a petition of partition and force us to sell. Is there any way we can stop this or any recourse we have that will allow us to remain in our house?

Stop petition to partition in Massachusetts

Sorry, but I do not know of any way to stop a petition to partition.  The other owners of the house have the right to sell their interest in the property.  As difficult as the situation is for you, the law cannot force a person to continue their ownership of a piece of property if they wish to sell. 

Time frame

If they do file, what would be the expected time before we would be forced to sell? Is the court able to take hardship circumstances into consideration and possibly grant us enough time to make something work. We would need approx 6-8 months to be in a position to buy something.

how long for petition to partition

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.  You might try mediation of some sort to find a less expensive compromise that will give you a few months to get your financial ducks in a row.  Your relative may be willing to negotiate in order to avoid the expense of litigation.

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