Legal Question in Real Estate Law in Maryland
My ex-boyfriend and I own a condo in Maryland together. When I moved out almost two years ago the agreement was he would continue living there for awhile and pay the mortgage until we sold it and split the profit. I recently brought up want to sell and trying to get him to buy me out. He has refused and has apparently rented our condo out and signed a year lease with the renters. Is this legal without my consent?
1 Answer from Attorneys
The lease isn't technically legal since you didn't sign on to it. If the rent is just covering expenses, it's at least keeping the property from going into foreclosure. If he's making a profit, you have a right to share in that.
If he won't agree to a sale you would have to take him to court to force a sale by filing a lawsuit known a partition action. This would involve the court appointing a trustee to sell the property and divide the proceeds. It's expensive, especially since you have to pay the trustee as well as any broker expenses. I suggest you ask the ex to send you a copy of the lease and if he won't cooperate even that far, tell him you are going to take him to court.
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