My brothers and sisters and I own a cottage in the Caribbean and I would like to force it to be sold at this time. Since we all live here in Massachusetts can a Massachusetts court order it to be sold?

A court can only act if it has what's known as “jurisdiction” over either the people involved in a lawsuit or the property that is involved in a lawsuit. Having jurisdiction over people is called “in personam” jurisdiction; jurisdiction over property is called “in rem” jurisdiction. Jurisdiction basically means that a court has the power to act in connection with the dispute. Your thinking is correct in that if everybody resides in one state, then the court in that state should be able to resolve the dispute between those individuals. Rhode Island, for instance, would have no power to resolve disputes solely among individuals residing in the Commonwealth of Massachusetts. So, although there is personal jurisdiction in the state, the subject matter of the  dispute is real estate in a different country or territory which is subject to the rules of that country or territory. Normally in this kind of situation the law suit is brought in the  court in which the real estate located. This is a classic in rem jurisdiction issue because you are asking the court to affect the title to the real estate. Usually in this kind of an action, a commissioner is appointed by the Court to divide the property amongst the owners if it is divisible, or more likely, to sell the real estate and then divide the proceeds among the owners. The court will generally have the power to award a higher share to someone who, for instance, might have paid on a new roof in the last year. Given the fact that it is a Caribbean island, and the laws governing real estate in that island will no doubt the difference than the laws that would govern the disposition of real estate in the Commonwealth of Massachusetts. So you will need to seek out the services of a lawyer who practices on that island.

If you have questions about this or any other real estate matter, please contact Tom Bennett at (617) 531-6574 or tvb@barronstad.com.