Expert Advice When You Need It Most

I own 1 1/2 of a duplex. The other side is in estate and has been for 20 years.

Asked almost 3 years ago - Malden, MA

I live in Masachusetts and the executors live in Fla. They rent out their half and do nothing to keep the place up. I am trying to sell my half and am having great difficulty because of their half. When asked why they don't sell it , they said they can't because it is still in litigation. Shouldn't they be able to sell and put the proceeds in the bank until it is settled. Is there anything I can do to move this along. I am a senior and time and money are an issue for me.

Thank you

Additional information
I definitely own my half exclusively. There is no contract or anything that ties us except for a wall.
I don't even know the people who take care of the building, except for an address and phone number. When I try to talk to them they say they understand and feel bad, but there is nothing they can do. What would keep them from selling their half and keeping the money in an account instead holding the property.

Flag

Save

Share with:

Attorney answers (2)

Ronald Anthony Sarno

Reputation Level 20

Answered almost 3 years ago. Real Estate Attorney in New York, NY.

Flag

Some states permit a partition of jointly owned property. You might also charge them with wasting the value of your share. Stop arguing with them and hire a probate attorney and sue them for parttition.

You might find my legal guide on selecting and hiring a lawyer helpful.
You might find my legal guide on Is it Legal? Is it Illegal? helpful.
You might find my legal guide on the understanding the different court systems helpful.
You might find my legal guide on commercial litigation helpful.
You might find my legal guide on legal terms used in litigation helpful.

LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.

Mark as good answer

1 person marked this answer as good

Add comment

Constantine T Mariolis

Reputation Level 6

Answered almost 3 years ago. Real Estate Attorney in Leominster, MA.

Flag

There is not enough in your post to give a good answer to your question. I cannot tell if you own half of a duplex condominium or if you and the other owners own the whole property, and have agreed to who get to use which half.

If it is a condominium, then you have condominium documents that might be useful in forcing the other side to keep up the property.

If you all own together, one solution is to file a probate petition asking the court to help you sell the property. The court appoints a commissioner who sells the property and gives the owners their share of the proceeds (less considerable expenses).

Post again with more information and I can give a more complete answer.

Mark as good answer

1 person marked this answer as good

Add comment