Forced Sales to Cash Out

April 11, 2017 Leave a comment

Are you frustrated with a piece of property that you own with someone else? Do you need to cash out of your portion of the property so that he/she can take over full ownership? If you are a joint property owner in the state of Maryland, you have the right to force the sale of your property through legal means. The most popular method of forcing the sale is with a sale in lieu of partition action or with partition action, whether voluntary or judicial.

What is a Partition?

A partition divides the property so that both parties can cash out or so that one person can cash out and the other can become the sole property owner. Partition actions can be voluntary if both parties accept the property division and, through legal representation, negotiate a contract to split up the property or sale profits.  If you can’t reach an agreement or if your relationship is less-than-positive, you can file a partition lawsuit and let the court decide the property division.

What Happens During a Judicial Partition?

The court will do one of two things: divide up the land if possible or order a sale of the property to split the proceeds. If the property you own is divisible into two lots (there is no home standing there), the court will split it in half and make it two separate properties. You would then be free to sell your half.

In most cases, the property in question is a home, so it cannot be split without loss to the property owners. The court will order a sale, called a sale in lieu of partition, and then order the proceeds divided. The typical sale procedure involves three property commissioners to assign value to your property and oversee the sale. These commissioners and their associated fees and costs can be bundled in with the sale proceeds. For this reason, it’s always better to negotiate a voluntary partition if possible to get the most cash out of your property.

What About a Property I Inherited?

If you inherited a property with a family member and want to cash out or avoid the responsibility of upkeep and costly property taxes, you can file for a sale in lieu or partition or partition. During a sale in lieu of partition, the court will determine that your property (typically a home) cannot be divided without losing value. Once the sale is completed, you will receive your portion of the sale after the payment of compensation, fees, and costs of the commissioners is removed.

How Can I Start the Partition or Sale in Lieu of Partition Process?

To ensure the process goes smoothly, give us a call at Lebovitz Law. We have years of experience negotiating the best deals for our clients, whether it’s family law or property law. Contact us today at (410) 828-0680.

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Quick Evictions in Maryland

January 26, 2012 5 Comments

It has come to my attention that there are national companies marketing on the internet that market towards landlords to help them evict their tenants. They have catchy names and logos to capture the imagination of prospective clients that this is an easy process.

This tactic and marketing strategy may be effective in other jurisdictions, however, here in Maryland, most evictions and tenant issues can be resolved by the litigants themselves without requiring attorney intervention. The District Court of Maryland hears the majority of landlord tenant disputes in Maryland. Some counties, specifically, Montgomery County has a separate Landlord Tenant Commission to help resolve disputes between landlords and tenants prior to filing in the District Court.

While many potential litigants, both landlords and tenants may feel overwhelmed by the process and uncomfortable going to court, attorneys can be a helpful resource. However, the District Court provides a web site with links to all the necessary forms and has frequently asked questions and answers available. Click on the following link to obtain all relevant information from the District Court. This site has links for forms and simple instructions on how to complete the forms.

http://www.courts.state.md.us/district/forms/civil/dccv082br.html

You may also click on this link (http://www.courts.state.md.us/district/dctcivforms.html )for access to all available forms from the District Court. Many can be downloaded in pdf format and typed on your computer and then printed while a few must be picked up for free from any District Court location.

 

Prior to filing a complaint, the court requires proof that any defendant is not in active military service. There is a link for the Department of Defense Manpower Data Center https://www.dmdc.osd.mil/appj/scra/scraHome.do
This website can help determine whether someone is currently in active military service or not.

 

In the State of Maryland, landlord’s can file actions in rent court, a subdivision of the District Court seeking to collect unpaid rent when tenants fail to pay rent and money for damages caused by tenants when they move out. Landlords may file a complaint for failure to pay rent or for breach of lease. Prior to filing a complaint, the landlord must provide written notice to the tenant to vacate the property.

Landlords must give 30 days notice (or 14 days if there is clear and imminent danger of the tenant or person who is on property doing serious harm to themselves, other tenants, the landlord, the landlord’s property or representatives, or any other person on the property).

You must provide proof that each defendant has been served prior to a hearing being scheduled.

If you have questions regarding this process, please feel free to contact me or any other attorney or click on one of these high profile eviction companies. But remember that there is plenty of free information available from the Courts.

Filed under attorney, Baltimore City, Maryland, Baltimore County, Maryland, contract disputes, District Courts of Maryland, landlord tenant, Maryland, Maryland attorney, real estate law, tenants rights Tagged with , , , , , , ,