Legal Question in Real Estate Law in Maryland
Joint Tenant Abandoned - Equity Rights?
Relationship partners (unmarried) purchased property in 1994 with female partner leaving and abandoning property in 1997. I have paid all expenses, mortgage, insurance and upkeep from the first day of ownership in 1994. Property is Joint Tenant/tenant in common? Female is petitioning for sale and 50% equity to current date. 1. Is there recourse for abandonment of her responsibility to property and contract?
2. Is she entitled to 1/2 equity up to date she left or current date?
3. She refused settlement/sale prior to this year...can I sue for financial damages due to inability to sell or refinance property, 1/2 payments, and upkeep?
4. What is the typical outcome for similar cases in MD?
1 Answer from Attorneys
Re: Joint Tenant Abandoned - Equity Rights?
Your "friend" has filed what is known as a partition action to force the sale of the property. While as a co-owner she, like you are entitled to have property sold, you are certainly entitled to credit for the fact that you've borne all of the expenses. You should ask the court to determine the respective equities of the parties and rule that you're entitled to most if not all of the sales proceeds. You ought to seek the assistance of an attorney familiar with partition actions to represent your interests, as I suspect a significant amount is at stake. Let me know if I can be of assistance.
Robert Sher
301 986-4555
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