Can I file for a sale in lieu of partition myself?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I file for a sale in lieu of partition myself?

How do I go about doing it and how much would it cost? I own a home which is paid off with my sister. It was transferred when my father died and at the time I resided there. When I was gone, my sister came in, changed all the locks and then began removing all my personal property along with my father’s. She sold, gave away and threw away everything and then moved in. All without my permission. I agreed to work things out if she paid me rent but she wouldn’t sign an agreement. It’s been 9 months now and she refuses to pay rent or answer my letters. She’s also refused to pay HO dues and I’ve been summoned to court. I can’t afford an attorney.

Asked on August 3, 2010 under Real Estate Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Nothing under the law stops you from representing yourself in a court.  It is known as being "Pro Se" in the proceeding.  What can stop you is all the requirements for filing that can be overwhelming and that an attorney that does this type of litigation knows like the back of his or her hand.  I understand that you do not have money for an attorney but I am assuming that it is for a retainer.  It is possible that you can negotiate a fee based upon a percentage of the sale of the property (contingency fee)?  If you are intent on doing it yourself make sure that you ask the court to allow you entry in to the house and to have the locks cut off.  Do not do that yourself.  She was guilty of doing so and the court will not look kindly on her trying to cut you off from your interest in the house.  Also make sure that you add a part about "dissipating" assets of the estate that were shared and/or "conversion" of your property.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption