Legal Question in Real Estate Law in Maryland

Hello. I am a Maryland barred attorney and practice in this area.

Yes, the co-owner can file a suit for partition (actually a suit for sale in lieu of partition) to force a sale. The length of time varies county to county. Generally, a lawsuit will increase the costs for both of you. The filing party will need to pay a modest filing fee besides any attorney fees. However, both parties will bear responsibility for other costs of sale. Even if you do represent yourself to eliminate attorney fees, there will be trustee fees (the trustee takes charge of selling the property) in addition to real estate broker and/or auction commissions and any applicable transfer / recordation taxes.

Buying out the other owners share may make sense and often costs less though one cannot precisely determine the cost savings without knowing more details. It may be helpful to get attorney insight at this stage and even run the figures for a few possible scenarios. If you do reach agreement, an attorney can help draw up a buy/sell agreement and assist with any deed preparation. If there is a mortgage on the property, you will usually need to involve your lender.

Note that you will need to ensure that liens are resolved and want to make sure the deed is properly prepared. If you cannot reach agreement, this will most likely wind up in litigation. While the above is not legal advice, I do hope it helps give you a general idea of what to expect.