Legal Question in Real Estate Law in Maryland

Sale in Lieu of Partition

I am the only one on the mortgage of a property with 3 people on the deed. I need to get myself off the financial hook because the party responsible for paying the mortgage could not afford it anymore. I have been told that I could file for ''Sale in Lieu of Partition''. How do I go about this?


Asked on 6/07/07, 3:18 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Sale in Lieu of Partition

I'm assuming from your question that the 2 others aren't willing to sell the property. Otherwise, you would just put it on the market.

What you must do is file a suit against the other 2 seeking a partition and sale of the property. You would also ask for an accounting so you could ask the judge to award you the lion's share of the sales proceeds if there is going to be any cash realized from a sale.

This is a complicated procedure and you will need to hire an experienced real estate attorney to do this for you. I would be happy to assist you.

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Answered on 6/07/07, 4:21 pm


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