Columbia, MD asked in Real Estate Law for Maryland

Q: Myself and my brother both inherited our mothers home in 2012. I offered a buyout amount. He refused.

The offer is minus half of the mortgage, property taxes and maintenance repairs. What exactly is he financial responsibility for as half owner of the house?

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2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Maryland

A: I don't exactly understand your question, but the bottom line is that the house should be sold and the profits divided if you cannot work it out, and you can force that result with a Petition for Sale in Lieu of Partition. The fair apportionment is the same that a court would use. You pay off all the debts of the house, reimburse any debts paid by one owner for which the other should have contributed, and split the proceeds. Sometimes, a court will attribute a value to the rental use of the property. This is correct if the property yielded rents or profits. It makes sense if the use of the house generated expenses that should not be borne by non-occupants, like the water bill. The heat is needed to keep the pipes from freezing, and in some places in the metro area, the A/C is needed to keep the fabrics from growing mold, so all owners pay for those. Every owner has equal rights to use the house, so neither should be assessed the value of their use of the house as a residence. So long as you own part of the house, you are equally responsible for its maintenance unless agreed otherwise, and that agreement should be in writing. If the mortgage has been assumed by both owners, you are responsible for that, as well. If the mortgage is in the name of your mother and hasn't been assumed, you may be violating the terms of the deed of trust or note, and you should get a legal review. That mortgage should be refinanced.

Thomas C. Valkenet
Thomas C. Valkenet
Answered
  • Baltimore, MD
  • Licensed in Maryland

A: Your use of the phrase "inherit" is not descriptive enough. Did the Estate grant a deed naming both of you as co-owners? Or are you referring to a Will giving you the house, but the title document was not executed and recorded?

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