Legal Question in Landlord & Tenant Law in Maryland

Instead of a life estate, your sister could simply pay rent to you. If you want your sister out, then you will need to file a petition for "partition" of the property. Since the property cannot be split in half, the judge will order the sale of the property. You should hire a lawyer to handle this for you. Some lawyers might be willing to take their fee from the proceeds of the sale of the property so that you don't have to pay up-front.

The answer to your question depends various issues including whether your mother's estate is closed. Here's a couple statutes that may help lead you in the right direction, although I STRONGLY recommend you consult a lawyer.

Section 14-107 Partition

(a) Decree of partition.- A circuit court may decree a partition of any property, either legal or equitable, on the bill or petition of any joint tenant, tenant in common, parcener, or concurrent owner, whether claiming by descent or purchase. If it appears that the property cannot be divided without loss or injury to the parties interested, the court may decree its sale and divide the money resulting from the sale among the parties according to their respective rights. The right to a partition or sale includes the right to a partition or sale of any separate lot or tract of property, and the bill or petition need not pray for a partition of all the lots or tracts.

(b) Minors, disabled, and nonresidents.- This section applies regardless of whether any party, plaintiff, or defendant is a minor, disabled, or a nonresident.

(c) Deed.- A sale and deed made pursuant to an order of the court in the exercise of the power provided in this section is good and sufficient at law to transfer property of the person. A deed executed in exercise of the above power provided in this section shall be executed by the person the court appoints for the purpose.

(d) Encumbrance on property.- If any bill or petition is filed under the provisions of this section for the sale of property, any person holding a mortgage, other encumbrance on the property, or an undivided interest in the property may be made a party to the bill, and the property shall be sold free and clear of the mortgage or other encumbrance. However, the rights of a lienor shall be protected in the distribution of the proceeds of the sale.

Here's another statute that might be of interest --

Section 9-107 Partition for purpose of distribution

(a) Petition to court.- When two or more heirs or legatees are entitled to distribution of undivided interests in property of the estate, the personal representative or one or more of the heirs or legatees may petition the court prior to the formal or informal closing of the estate, to make partition. After notice to the interested heirs or legatees, the court shall partition the property in the same manner as provided by law for civil actions of partition.

(b) Sale of property.- The court may direct the personal representative to sell property which cannot be partitioned without prejudice to the owners and cannot conveniently be allotted to one party.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******