Legal Question in Real Estate Law in Maryland

joint property ownership

We have property deeded in all family members however my mom's name is listed (example Jane Doe, ETAL) however my mom is deceased. When my mom died, my brother and I ask my sister to come live in the family house (which is on the deeded property)with her children. My brother and I had made several improvements to the property before mom died and my sister move in. My sister has been paying the property taxes (the house is paid for)for the last 4 years (since mom's death). We have asked her to keep up the improvements of the house so our investments aren't lost. She feels because she pays the taxes we don't have any rights of say so in this property/home. Who has what rights in this property? Also the county is requested and easement and right of way and we all agreed and signed the official document. Now who is entitled to this payment? What should and/or can be done legally to stop what may soon be a family feud over property.


Asked on 8/25/05, 10:30 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: joint property ownership

Your sister's "rights" are the same as yours--the fact that she's living there doesn't matter. As far as the easement is concerned, you are all entitled to an equal share of the payment.

Unfortunately, it seems that you can't get along with one another in order to make decisions about the property for your mutual benefit. If your sister isn't willing to maintain the property, she is adversely affecting the value of your interest in the property. If you decide you want to sell the property to protect your investment, and she refuses to cooperate, you and your other siblings can file a partition suit and force the sale. I suggest that you tell her that and try to work out an agreement as to who is responsible for certain expenses (insurance, taxes, etc.), and who can make decisions about property improvements (majority vote is a good way to do this). Normal maintainence should be her responsibility, since she's occupying the property.

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Answered on 8/26/05, 10:14 am


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