Asked in Real Estate Law for Maryland

Q: I own a house with my ex and I’m still on the deed not the loan. I want to be bought out can I legal do that?

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2 Lawyer Answers

A: Yes, you can be bought out. Your ex will, likely, have to refinance to come up with the cash to pay you. It is in the settlement of that refinance that you can be removed from the title and a new deed showing your ex's ownership of the property.

Good luck in your future endeavors.

A: Two co-owners may negotiate a buy-out. This pre-supposes that one is willing to sell. Does your divorce decree or settlement agreement describe the timing or mechanism for disposition of this asset? If not, you are left to file a lawsuit for partition if ex does not agree. The law doesn't force you to be an unwilling business partner. For lack of agreement, the court can appoint a trustee to take control of the asset, sell the asset, and deposit the net proceeds with the court. Often, the mere threat of such a cumbersome lawsuit prompts the parties to negotiate a more reasonable outcome.

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