2009 Massachusetts Code
PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
TITLE I TITLE TO REAL PROPERTY
CHAPTER 188 HOMESTEADS
Section 8 Sale of right of surviving spouse or minor children

Section 8. The surviving spouse and the guardian of the minor children, if he has obtained a license therefor from the probate court as in the sale of land of minors, may join in a sale of an estate of homestead; or if there is no surviving spouse entitled to rights therein, the guardian may, upon obtaining such license, make sale of such estate; and the surviving spouse may make such sale if there are no minor children. The purchaser shall enjoy and possess the premises for the full time the surviving spouse and children or either of them might have continued to hold and enjoy them if no sale had been made. The probate court may apportion the proceeds of the sale among the parties entitled thereto.