Walkersville, MD asked in Real Estate Law for Maryland

Q: I co own a property with my ex girlfriend (she's on title with me), however, the loan is in my name. Can I sell

We're seperated

Related Topics:
3 Lawyer Answers
Daniel Staeven
Daniel Staeven
Answered
  • Annapolis, MD
  • Licensed in Maryland

A: Simple answer, no. She is on the title to the property she has to sign the deed transferring the property to the new owner.

Good luck in your future endeavors.

Thomas C. Valkenet agrees with this answer

Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Maryland

A: I must disagree with my learned colleague from Annapolis. You may sell, but there is a process involved. The process is called a Petition for Sale in Lieu of Partition, and, in it, you offer to prove that; 1) you are a co-owner; 2) the property cannot be partitioned, because, e.g., it is a house not a farm, and a saw blade through the middle of the room would devalue it ;) ; and 3) you want to sell it. There are no defenses other than that you don't make those elements. Attorneys fees for the petitioner (you) are usually charged against the sale so they are paid equally by the parties. As a result, a demand letter from a lawyer is often quite effective. No muss, no bother, but a lesson not to buy real estate with a girlfriend ... not that selling with an ex-wife is any easier.

Thomas C. Valkenet agrees with this answer

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

A: The prior answers are both correct. You may sell, but the real estate broker you hire will require all co-owners to sign the broker listing agreement. This requires some coordination with your ex. Also, at the settlement table, your ex will have to sign the deed.

With cooperation, this can be relatively smooth. It is when on party drags anchor, or just ignores the issue, that a court might need to direct the sale via partition. My experience is that the partition complaint provides the "come to Jesus" moment where all co-owners recognize the value of cooperation.

If you and your ex have open financial issues arising from your shared ownership, the partition case provides the venue for resolution.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.