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Short overview: In Maryland, a partition action is the civil court process a co-owner uses to divide jointly owned real property when owners cannot agree on what to do. A court can order the property divided physically (partition in kind) or, more commonly for single-family homes, sold with proceeds split among owners. You (as a co-owner) can also ask the court to award your share by having a co-owner buy you out instead of forcing a public sale.

Who can start a partition action?

Any person with an ownership interest in the property (title holder, joint tenant, tenant in common) may file a petition for partition in the Maryland circuit court for the county where the property is located. This includes co-owners who inherited property and co-owners on title trusts or deeds.

Typical step-by-step process

1. Gather documents and facts: deed(s), title history, mortgage and lien information, tax bills, mortgage payoff statements, any written agreements among owners, and evidence of who lives in or uses the house. Also obtain a recent mortgage payoff or payoff statement if there is a loan against the house.
2. Prepare and file the complaint/petition for partition: You file a civil complaint (sometimes called petition) in the circuit court where the property lies. The complaint identifies all co-owners and asks the court to divide the property or order a sale. Many courts provide instructions and forms; check the Maryland Judiciary resources for your circuit: https://www.mdcourts.gov/courts/circuit
3. Serve all parties: All co-owners and lienholders (mortgagees, judgment creditors with recorded liens) must be served with the complaint per Maryland rules so they have an opportunity to respond.
4. Responses and preliminary motions: Defendants may answer, claim adverse interests, ask the court to dismiss, or raise defenses (e.g., ownership disputes, equitable claims). If someone claims the property is exempt, part of an estate probate, or subject to a recorded agreement, the court will consider those issues.
5. Valuation and appointment of commissioner or referee: If the court orders the property sold, the court commonly appoints a commissioner or trustee to conduct the sale. The court may order appraisals or require a valuation hearing to determine fair market value. Maryland courts follow local procedures for appointing commissioners—check your circuit’s rules: https://www.mdcourts.gov/courts/circuit
6. Sale or partition in kind: The court decides whether physical division is feasible. For houses on a single lot, partition in kind is usually impractical, so the court orders sale. The appointed officer sells the property (often at auction or by private sale subject to court approval).
7. Buyout option (forced buyout): Instead of a public sale, the court can facilitate a buyout. Either side can propose a purchase of another co-owner’s share. The court may set a deadline for offers or order an appraisal so fair market value can be used to calculate a buyout price. If a co-owner wants to keep the property, they will need to produce funds (cash, financing) and the court will oversee the accounting and transfer.
8. Payment of liens, costs, and distribution of proceeds: Sale proceeds first pay outstanding mortgage(s), liens, taxes, and court-ordered costs (commissions, attorney fees if awarded), then remaining proceeds are divided among co-owners according to ownership shares.
9. Final decree: The court enters a final order (decree) confirming the sale or the division and directing distribution. The decree clears title as necessary for the purchaser or owner who paid the buyout amount.

Timeframe and costs

Timing varies by county and case complexity. A straightforward uncontested partition can take a few months; contested matters with valuation disputes, title issues, or liens can take a year or more. Expect court filing fees, service costs, appraisal fees, costs for the commissioner/referee to handle a sale, and attorney fees if you hire one. If the court finds one party acted unreasonably, it can sometimes shift fees.

Common defenses and complications

• Disputes about who actually owns an interest (title vs. beneficial ownership).
• Pending probate matters if the property is part of an estate; sometimes partition waits until probate is resolved or is handled within the probate process.
• Mortgages and liens that affect net proceeds.
• Claims of equitable interest (e.g., someone paid part of the purchase price off-title or contributed to improvements).
• Homestead or occupancy claims—if a family member lives in the home, the court may consider occupancy rights when ordering sale and may set timelines.

How a buyout is typically calculated

The buyout amount is usually the co-owner’s share of the property’s fair market value, minus the co-owner’s share of encumbrances (mortgage balance attributable to that share) and adjusted for any agreed or court-ordered credits (improvements paid by a co-owner, unpaid rent, etc.). The court may require a certified appraisal and a formal accounting before approving a buyout.

Where to file and local procedures

Partition actions are filed in the Maryland circuit court for the county where the property sits. Local circuit court rules and judges may have specific forms and requirements. Start at the Maryland Judiciary site for general circuit court guidance and local contact information: https://www.mdcourts.gov/courts/circuit and use the court’s clerk office to confirm filing steps.

Forms and rules

Circuit courts often provide civil forms and instructions. The Maryland Judiciary also publishes Rule titles and bench materials; Maryland Rules related to real property actions can be found on the Judiciary site (see Title 14 for real property actions): https://www.courts.state.md.us/rules

Important: The exact process and available remedies depend on the facts (title type, mortgages, probate status, agreements among owners, occupancy, liens). Carefully document ownership and liens before filing.

Disclaimer: This article explains general Maryland procedures; it is educational only and not legal advice. Consult a licensed Maryland attorney about your specific situation.

Helpful Hints

• Before filing, try a written negotiation or mediation with your sibling — mediation can be faster and cheaper than court.
• Collect and make copies of the deed, mortgage statements, tax bills, insurance policies, and any written agreements or correspondence about the property.
• Get a current market appraisal or broker price opinion so you understand the likely value before asking the court to sell or setting a buyout demand.
• Check for recorded liens (tax liens, judgments, mortgages). Liens must be paid from sale proceeds or dealt with in the partition action.
• Ask the court clerk about local filing fees and forms. Each circuit has its own clerk’s office rules: https://www.mdcourts.gov/courts/circuit
• If you plan to ask a sibling to buy you out, provide a clear written offer with a deadline. If they can’t get financing, consider whether seller financing or staggered payments might work—these require documentation and court approval if part of the partition decree.
• Talk to an attorney if title is unclear, if the house is in probate, if large liens exist, or if the case is contested. A real estate or civil litigation attorney can prepare pleadings, negotiate buyout terms, and represent you in hearings.
• If speed matters (for example to avoid accruing mortgage payments), explain this to the clerk and to counsel — courts may prioritize or set expedited timelines in some circumstances.
• Keep records of any payments you make for mortgage, taxes, repairs, or improvements — the court may credit these when dividing proceeds.
• Remember that a court-ordered sale or buyout will generate costs (appraisal, commissioner fees, attorney fees). Factor those into any negotiated settlement.