Legal Question in Real Estate Law in Maryland

Breach of contract

I am the owner of a home along with my significant other who is co-owner. We are not getting along and he would like to sell the house. I on the other hand would like to remain in the house. What if anything do I owe him? Am I obligated to return any of the money that he put up towards the down payment, settlement..etc., Can he sell the house without my permission? What is the law regarding this kind of situation?


Asked on 9/25/06, 4:17 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Breach of contract

If both of you are on the deed, neither can sell without the consent of the other. If you want to buy his interest, you can of course do that if you can agree on the terms. Your question implies that he put up most of the down payment and settlement costs if I understand you correctly. He'll probably want that money back, plus part of any appreciation in the equity. If you are unable to buy him out, you'll have to sell the property and then figure out how the proceeds are going to be divided. If you can't agree on any of this, either of you can file a lawsuit known as an action for partition. You should consult with a real estate attorney for more details.

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Answered on 9/26/06, 10:41 am


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