Legal Question in Real Estate Law in Maryland

Re: ''A'' & ''B'' on deed, A (only) on mort., A wants to sell, B doesn't

If B is living in the house and it's in MD, you will have to file a partition action here to accomplish what you want to do. Or you can try to buy B out of his/her interest. B isn't motivated to leave because (I'm guessing) you have been stuck with the payments, what with your credit at risk. So B has a sweet deal. If you file the partition action, a trustee will be appointed to sell the property and distribute the proceeds if any based on how the court divides up the property. So it will be a costly procedure, with both legal fees, trustee fees, and probably a brokerage (this you will incur anyway if you sell the property, but if you do so privately you will have more control over the broker).

Re: ''A'' & ''B'' on deed, A (only) on mort., A wants to sell, B doesn't

I agree with Mr. Starrett 100%. I might add that in your particular case the right answer might depend upon whether there is equity in the house or whether the owners are "under water" because the loan balance is close to, or more than, the house could be sold for. There isn't much motivation to bring on an expensive lawsuit when dumping the property through foreclosure leaves you in the same position but without legal fees. A partition doesn't magically produce gobs of money to pay off the mortgage.

Run the numbers before you decide.

Re: ''A'' & ''B'' on deed, A (only) on mort., A wants to sell, B doesn't

The action to force sale of co-owned real estate is called a partition action, and is described in Code of Civil Procedure sections 872.010 through 874.240, a rather lengthy and complex set of laws. You can review the Code at your county law library, and many larger general libraries also have the Codes.

Partition proceedings are frequently used where co-owners have intractable disputes that cannot be resolved by negotiation. A successful partition could result in a division of the property into two or more tracts or estates, but nowadays more often there is a court-supervised sale and the former co-owners divide the money.

A partition action will usually be permitted where the evidence shows the court that splitting the property (or the sale proceeds) is the only realistic way to resolve the dispute, but it is possible for parties to lose their right to seek a partition by surrendering that right in some kind of contract with the other owner. Partition is not available between spouses as to their community property.