Massachusetts Lawyers Weekly Interviews Atty. Eric D. Correira
Atty. Eric D. Correira was interviewed by Massachusetts Lawyers Weekly regarding a recent Massachusetts Supreme Judicial Court decision involving a petition for partition action. In Battle v. Howard, the Court decided that the case should have been dismissed after the plaintiff died during the litigation, even though the partition commissioner had already accepted an offer to purchase the property, because the real estate was owned by the parties as joint tenants. The Court concluded that when the plaintiff died, his interest in the property extinguished, and his heirs no longer had standing to continue the action.
From the article: “Swansea attorney Eric D. Correira said the case provides a cautionary tale for anyone who owns real estate as joint tenants. ‘While there are times when a joint tenancy is preferred, most unrelated people should own real estate as tenants in common to have full control over who will receive their interest when they pass away.’ he said. A decision in favor of [the plaintiff’s] heirs ‘would have completely upended basic concepts of property law taught during the first week of law school.’ Correira added.”
For the full article, click here.