Q: Uncle owns 1/2 of condo in ocean cityMD, he wants to sell. Property has been paid for by him, and abondoned for 2yrs.
Made several attempts to contact other owner and nothing. Other guy owes $50,000 in back pay. What can we do?
A: File suit for sale in lieu of partition and serve the other owner in the manner prescribed by Maryland law, which will be alternative service after first reasonable attempts have failed. Add a count for contribution. In Maryland, venue is a defense, so the claim does not need to be filed in Worcester County, but it can be.
Thomas C. Valkenet agrees with this answer
A:
It is best to obtain a judgment for contribution before the partition action. Many judges take the position that contribution may be limited to the proceeds of the sale, so if the partition sale doesn't net enough to pay you in full, tough luck.
But a final money judgment means the right to payment would continue, even after partition. This is another way to leverage an uncooperative co-owner to the table.
A:
As other attorneys have noted, if a co-owner doesn't respond, the owner who wants to sell can file a lawsuit called a "sale in lieu of partition" action. This basically forces a sale by putting a court-appointed trustee in charge of the property. Litigation is not the most cost-effective means to sell property, but it provides a way to deal with an absentee or uncooperative co-owner.
You're strongly encouraged to sit down with a lawyer to discuss the specifics of your situation.
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