I own a condo as tenant in common with someone else in equal shares. No joint ownership agreement was signed at purchase time. I now want to sell the condo and recover my share. How can I force a sale if the other tenant in common does not want to sell her part or buy mine? I live in the state of Maryland, if that has any bearing on the answer. I have no mortgage on my share of the property but the other tenant does and I am a cosigner under her loan. Not a pretty situation. I appreciate any advice on how to get out of this pickle. Thanks Pompopei

I take it you are a 50% owner. As a tenant in common you are free to sell your share, if you can find a buyer for 50% of the condo. This might be feasible if the condo is in a resort area where the owners use the property as a vacation home. But if there's no market for 50% ownership of your condo then you will have to take your partner to court to force a sale.

You could be asking for trouble by selling just your 50% without her agreement. You are advised to force the sale in court, which she cannot win against, but it still is best to do it that way, especially as you co-signed her loan, and she doesn't want to sell! And if she lives there - an absolute must.

There's also the matter of what would happen if she decides to stop paying the mortgage.... it's now on you.

WOW, why would you cosign for another persons mortgage? All they have to do is walk and you are stuck.

As noted, you may sell your share of the property to someone, who will then be a 50 percent tenant. You may explain to the other party that you may do this, and that they may be owner in common with someone they do not approve of, and would have no say.

Hello P:

You SAY she won't sell.. But, that only means you haven't offered enough.. Yeah, I KNOW you don't wanna pay MORE than your half is worth, but you're in TROUBLE. You made a mistake, and mistakes are costly..

excon