Property Sold Our Without Owners Knowledge In Montgomery
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Partition actions are usually simple lawsuits since there typically are no important facts in dispute, and it is just a matter of getting the court to order a sale of the property. The court then issues an order, after hearing evidence on the issue, as to how to distribute the proceeds.
If your spouse refuses to sell or buy you out then do not panic. You can petition the court for an order compelling the sale of the property. Once ordered, the home will be sold regardless what he says. Your next step is to retain a local family lawyer to commence the legal process.
In most cases, it is not possible for someone to sell your house without your knowledge or consent, especially if they do not have a power of attorney. A power of attorney is a legal document that grants someone the authority to act on your behalf, and it can include the power to sell your property.
If your partner is not willing to sell the business, you may have to take legal action. You could sue her for breach of contract or for damages. However, this is a complex process and it's important to speak to an attorney before taking any legal action.
If the owners are unable to reach an agreement about selling the property, the owner who wants to sell may need to take legal action to force a sale. This is known as a partition action, and it involves asking a court to order the sale of the property and the division of the proceeds among the owners.
Only if you're a licensed real estate agent. In that case, you're acting as an agent for the owner of the property. Otherwise, state laws do not allow you to offer real estate for sale that you don't own.
Consent of Both Parties: If the asset is jointly owned, both parties must agree to the sale. Without mutual consent, selling the property can become complicated. If your ex refuses to sell the property, you may need to seek a court order to force the sale.
If they sell the property without any legal authority to do so this would be fraud.
Maryland is somewhat unique in that sellers can choose between either giving the buyer a disclosure of known defects or a disclaimer as to the condition of the house (but not both). In the latter case, you would be selling the property "as is," but must at least mention any known latent defects.
It is sometimes colloquially described as squatter's rights, a term associated with occupation without legal title during the westward expansion in North America, as occupying real property without permission is central to adverse possession.
