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

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3 Lawyer Answers

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

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

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.

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