Will my sister be affected by my judgment if we are co-owners of property?

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Will my sister be affected by my judgment if we are co-owners of property?

I foresee a judgment in my near future. I co-own 2 properties with my sister. I need to know if she will be affected by this judgment. I need to seek legal advice but I don’t know what type of lawyer to speak to. I’m in NC.

Asked on November 14, 2011 under Real Estate Law, North Carolina

Answers:

Richard Lebovitz / Maslan, Maslan & Rothwell, P.A.

Answered 9 years ago | Contributor

Under Maryland law, a creditor can record a judgment from any other state in Maryland with the intent to attach property you own in Maryland. The creditor can seek to levy against your jointly owned property with your sister if titled as Tenants in Common. The county/city sheriff could then auction off your half share of the property to the highest bidder. The new owner of your half interest could then sue your sister for partition in lieu of sale of the property or require your sister to buy his/her 1/2 interest in the property.


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