If my mother’s house is in mine and my brother and sister ‘s names as well, how do I go about having my brother and sister buy me out of this responsibility?

When my mother passes I want nothing to do with this house. If they won’t buy me out, how do I get them to sell it?

Asked on July 26, 2015 under Real Estate Law, Massachusetts


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you can't come to agreement, then there is a legal remedy called "partition". Such an action is brought when co-owners of real estate cannot agree as to ownership matter, such a sale. A court will order the division of the property if it is practical to do so; if it is not (such as in the case of a house), then the court will order a sale at fair market value. However, before the property is offered to the public, it will first be offered to any owner who wants to keep it; they will have the right of first refusal.

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