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Maryland real estate partition law Maryland

On Lawyer & Legal » Real Estate & Property Law

955 words with 1 Comments; publish: Sun, 08 Oct 2006 14:37:00 GMT; (80046.88, « »)

If five people own a parcel of real estate as tenants in common, what is the procedure if three of the five want to either be bought out of their interest or place the property for sale? Will a partition suit obtain this result and if this issue were to go as far as a partition suit, is there any chance whatsoever that the courts will force these people to remain in this relationship as tenants in common? The deed for this property is clear and has no restrictions concerning ownership by the owners. Any guidance will be greatly appreciated. Thank you.

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    • No one can predict what the court will/will not do, but it's unlikely the court would force the owners to stay together. If the co-owners cannot reach an agreement, then any one of the owners can file a partition suit. Unfortunately, this involves legal fee and court costs for the co-owner who brings the suit. It's much better if an agreement can be reached without resorting to a partition suit.
      #1; Mon, 09 Oct 2006 05:50:00 GMT