Conway, SC asked in Real Estate Law for Maryland

Q: My husband and his 3 siblings are a piece of property in Charles County left to them by their grandparents.

He would like for them to buy him out or be forced to sell it. We would like to know what should he do?

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1 Lawyer Answer

A: It is possible to start litigation (i.e., file a lawsuit) to force a sale of jointly owned property. This type of litigation is called a sale in lieu of partition action. However, litigation entails not only attorney fees and court costs but also the fees of the trustee who would be appointed to take over and sell the property. Since that will necessarily increase expense, it will nearly always net less money to the joint owner than if some type of voluntary agreement is made.

You may wish to reach out to the co-owners to discuss possible sale and/or seek a consultation with an attorney. While I hope this very general information helps, it neither creates an attorney/client relationship nor intends to offer specific legal advice based on the facts of a particular situation.

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