Petition to partition joint tenency

[shershko]

What is the name of your state (only U.S. law)? Massachusetts

My wife's father and 2 best friends bought land in Nova Scotia 15 years ago and built a house together. They split the cost 3 ways and it is my understanding they had a tenancy in common agreement signed. My wife's father passed away 12 years ago and his share went to her estate. 1 year ago we sat down with the other 2 parties and expressed our wishes to exit this joint tenancy and be bought out. We named a price which they agreed on (nothing in writing but plenty of witnesses). 1 year later, we have not been bought out and the other 2 parties expressed to us they have no way to come up with this cash and do not see any way in the foreseeable future for them to buy our share. Furthermore, they told us bluntly they have no intention of ever putting the home on the market as they want it for their future generations, and that since the two of them hold 67% of the vote, we cannot force them to put the home up for sale even if they are unable to buy us out.

My question is:
1)If all parties reside in MA but the property is in Nova Scotia, legally- which state's rules will apply should be pursue legal action? Would we be filing suit in MA or in Canada?

2)Legally, even if we are the minority stakeholder in this tenancy in common at 33%, what rights do we have in this case? If they have no means to buy our share, are we legally granted the right to file a petition to partition and have a court force them to list the property and divide the proceeds equally?

Thank you sincerely,
Shershko

 

[latigo]

What is the name of your state (only U.S. law)? Massachusetts

My wife's father and 2 best friends bought land in Nova Scotia 15 years ago and built a house together. They split the cost 3 ways and it is my understanding they had a tenancy in common agreement signed. My wife's father passed away 12 years ago and his share went to her estate. 1 year ago we sat down with the other 2 parties and expressed our wishes to exit this joint tenancy and be bought out. We named a price which they agreed on (nothing in writing but plenty of witnesses). 1 year later, we have not been bought out and the other 2 parties expressed to us they have no way to come up with this cash and do not see any way in the foreseeable future for them to buy our share. Furthermore, they told us bluntly they have no intention of ever putting the home on the market as they want it for their future generations, and that since the two of them hold 67% of the vote, we cannot force them to put the home up for sale even if they are unable to buy us out.

My question is:
1)If all parties reside in MA but the property is in Nova Scotia, legally- which state's rules will apply should be pursue legal action? Would we be filing suit in MA or in Canada?

2)Legally, even if we are the minority stakeholder in this tenancy in common at 33%, what rights do we have in this case? If they have no means to buy our share, are we legally granted the right to file a petition to partition and have a court force them to list the property and divide the proceeds equally?

Thank you sincerely,
Shershko

Lacking in rem jurisdiction, I don't see how a court in Massachusetts could issue any orders effecting the disposition of the Nova Scotia property - partition in kind or by forced sale or otherwise.

In another words, how could a Massachusetts court in apply that state's laws with respect to lands outside its borders ?

What does your Massachusetts attorney think?

And what about the TIC? You only mention it in passing.
_________________

As to your question concerning percentage of ownership -

I'm going to assume that Canadian law on the subject is somewhat similar to those in the states since they came from the same mother source.

And if so, the consequences of any disparity in the percentage of ownership (major or minor) has nothing to do with the right to seek partition of land held in co-tenancy. In fact it has nothing to do with the use of the land.

Separately held ownership in jointly owned land isn't treated the same as minority ownership of corporate stock.

 

[OK-LL]

You wife's right to file for partition is not dependent on her percentage of interest in the property. She would file such an action in Nova Scotia, where the property is located. In the alternative, she has the right to sell her interest in the property to a new owner who is not one of the original 3; if it is a desirable vacation property, that may be a real option and the thought of sharing the property with strangers may prompt the remaining 2 owners to find a way to buy you out. Another option may be to offer to carry back a mortgage on the property so the other 2 can buy you out, if they are willing to do so and you are in a position to do so.

 

[tranquility]

While I agree with both the previous posters, I wonder why Latigo did not make more of his comment:

And what about the TIC? You only mention it in passing.

The agreement creating the TIC may very well limit your options and rights. What does it say in regards to this situation?