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

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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 13 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.


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