Legal Question in Real Estate Law in Maryland

My exfiance passed away 5 years ago and I put the house that was paid in full when he passed in his brothers name because I could not afford to transfer it into mine and there was no will. I moved out last january and left a lot of my belongings behind, he is now trying to sell the house and will not answer my phone calls because I left and moved out and he will not release my belongings. I was on a second mortgage on the property but some how that has been removed from my credit report. The original agreement was that if the house did sell we would pay off the mortgage and share in the difference, however there is resentment because I left. What can I do to get my belongings back and can I put a lein on the sale of the property? The property is in Baltimore Maryland and I now reside in Maine


Asked on 2/01/10, 12:45 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

I am a Maryland barred attorney and practice in this area. Your situation seems beyond the scope of an internet answer and likely requires a review of documents and a more detailed discussion.

As far as the personal property goes, you have a few options. If you cannot get this back by request, you may want to file a small claims action in District Court. If you secure a judgment before the real estate sells against an owner of record, it would operate as a lien against the property.

With respect to the real estate, what rights you have will depend on the deed, what happened with your former fiance's estate and how the agreement to split proceeds with the brother was made. If you still are on the deed in any capacity, you may have rights to force a sale and distribution of proceeds. Some things that will affect the answer -- where you on the deed at one point and if so, how (as joint tenant? tenant in common?). Was any agreement with the brother ever put in writing? Who handled your ex fiance's estate? When was the mortgage taken out? was the mortgage in your name alone? jointly with the brother? What funds did you advance towards the property?

You may want to consult with a MD lawyer sooner rather than later to see what rights, if any, you have in the property now. At a minimum the attorney would want to review the deed(s), mortgages, estate paperwork and any agreements. Although you are out of state, Maryland law will govern what happens to the property. While not legal advice, I hope this answer helps point you in the right direction.

Read more
Answered on 2/06/10, 2:06 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Maryland