Legal Question in Real Estate Law in Maryland

Joint ownership

I and another individual own a home together (not married). Recently went through a refi and the other party didn't inform that I wasn't on the loan. I did however provide all of my info for the refi. Is what he did or the company legal. Long story short b/c of the threats I choose to move out along with my son. The other party thinks b/c the loan is in his name that the property is also in his name. What grounds do I have to sue for a partition of sale. The deed specifies that the property is held in joint tenancy. Who clearly has the upper hand?


Asked on 3/05/06, 11:03 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Joint ownership

The fact that you are not on the refi loan doesn't affect your joint ownership of the property. You probably had to sign the refi deed of trust (mortgage) because of your ownership status. Tell your "partner" that you want him to buy you out or you will file a court action for partition and sale of the property. Of course, you would be well advised to hire a real estate attorney to represent you in this matter, as it can become complicated and will surely be contested.

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Answered on 3/06/06, 10:15 am


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