Holden, MA asked in Real Estate Law for Massachusetts

Q: If my brother and I bought a vacation home 1974. He stopped paying in 1994. Does he still own half?

I have put two additions on house. My brother is still welcome to use the house once a year for two weeks for vacation, but pays nothing.

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2 Lawyer Answers
John Espinosa
John Espinosa
Answered
  • Lowell, MA
  • Licensed in Massachusetts

A: If your brother is still on the deed then he is still part owner until he conveys his interest, even if he is not paying his share of the expenses.

Christopher Tolley
Christopher Tolley
Answered
  • Boston, MA
  • Licensed in Massachusetts

A: If the property was conveyed to you and your brother, your name and his name are on the deed, and it has not been conveyed to anyone else, your brother still has the interest he obtained when it was originally conveyed to both of you. Unless you had an agreement that failure to contribute to upkeep and maintenance would cause a forfeiture of the property to you, he did not lose his interest by failing to pay for upkeep and maintenance of the property.

You may want to approach him and revise the arrangement between the two of you that you have a greater share of the property than he does. That way when you or he passes away or you go to sell the property, your greater contribution to the property will translate into a larger share of the sale proceeds.

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