Legal Question in Real Estate Law in Maryland

I am one of four owners in a property in baltimore, md. we are trying to rent the proeprty. one owner who is out of state is give us problems. can we rent the property without her signature . can we sue her if she won't sgin. oh we got the proerty thru a life estate when our parents died


Asked on 8/07/10, 7:14 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

If each of the 4 owners equally own a 25% fee simple (outright) interest in the property, then each owner must consent to the leasing of the property. If the owners cannot agree on the use of the property (whether for rental purposes, or otherwise), the only remedy you would have is to sue for "partition" of the property. This is a fancy way of saying that since you all can't agree, the Court will order the sale of the property, and the proceeds to be paid equally to the 4 owners. That's the only option a court really has, as you often can't split a property 4 ways.

With that said, if you have a "life estate" in the property, you don't own it in fee simple (outright). You basically have the right to the use and enjoyment of the property during your lifetime. I would imagine that the other 3 owners do not have a life estate in the property as well and you therefore may not have the same rights as the other 3 owners in the property. Again, it will depend on the language of the will. It may also be that if you don't physically possess the property, you lose the life-estate. Again, it will depend on the language of the will.

I would strongly recommend that you have a Maryland real estate attorney review the language of your parent's will to determine what your rights are in the property.

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Answered on 8/12/10, 8:22 pm


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