Legal Question in Real Estate Law in Maryland
judgements against deeds
Three people are listed on a deed. A mother & father as tenants by the entirety with undivided half interest, with the remaining undivided half interest unto their son as tenant in common as to the whole, forever in fee simple. Can I sue the son and get a judgement against the property ?
1 Answer from Attorneys
Re: judgements against deeds
A judgment against the son gives you a lien on the son's 50% interest in the property. You can levy on that interest, and have the sheriff sell it. The purchaser at the Sheriff's sale will have a 50% interest in the property in common with the parents. Purchaser can then bring suit to partition the property or, more likely, sell it in lieu of partition. Half of the sale proceeds will go to the purchaser from the sheriff's sale, and half to the parents.
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