Legal Question in Real Estate Law in Maryland

Is it possible to for an individual to file a partition action on their own or does one need an attorney to do the filing

Asked on 10/28/13, 12:41 pm

2 Answers from Attorneys

Thomas Valkenet Young & Valkenet

A person can appear without counsel in the Circuit Courts. A corporate entity may not. And if you think that you can navigate the rules, and the process of auctioning the property or dealing with the court appointed trustee, then go get'em!

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Answered on 10/28/13, 1:49 pm
Cedulie Laumann Arden Law Firm, LLC

Yes, as another attorney notes, it is possible - courts do not force an individual litigant to secure counsel.

However before undertaking litigation on your own you are strongly encouraged to sit down and talk with an attorney. For instance, in this particular type of case do you really want partition of the property (meaning dividing up the property into smaller parcels) or are you seeking a sale in lieu of partition? Have you included all necessary parties?

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Answered on 10/29/13, 7:14 am

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