3 years ago my siblings and I inherited a house from my father when he passed away. the expense to all of us to continue to pay for property tax and insurance is burdensome. we cannot sell the house as my 2 uncle's are living there and it is in my father's will that they remain there as long as they like. at least two of us want to sell our share of the house, but none of the siblings want to buy us out. What are my options for forcing a buy out or being able to take home equity loan out?
1) Get an attorney to review the terms of the will and deed. I find that laypeople often make interpretive mistakes with respect to will and/or deed language. You should first ensure that you are correctly assessing the matter as it stands.
2) If there are multiple joint owners and if you are permitted to sell, Mass. law permits a suit for "partition," which is a way of forcing a sale of the property, followed by a split of the assets among the joint owners. Partition is very difficult to do alone, and you should consult an attorney.
3) Even if you are not easily permitted to sell, you may be able to do so with the assistance of an attorney. The position you describe--in which you bear the costs of a property against your will, cannot sell it, and cannot live in it--is generally disfavored. A judge may agree to modify the arrangement to make it more equitable. For example, your uncles may be required to pay some or all of the carrying costs.
In conclusion: Hire an attorney.
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The situation that you describe means that your uncles have a life estate in the property. It is rare that remaindermen are responsible for expenses while someone else resides in the dwelling.
I agree that you should see an attorney to help you figure out how to proceed.
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