Short answer

If a co-tenant (for example, a sibling) files a partition action to force the sale of an inherited house in Maryland, you have several defensive options: challenge the plaintiff’s legal standing or title claim; assert equitable defenses (such as agreement, estoppel, or payment credits); seek a buyout or partition in kind (rare for a single-family house); ask the court for an accounting and credits for money you spent on the property; and push for settlement or mediation. The right approach depends on how the property is owned (joint tenancy vs. tenants in common), what agreements exist, who paid what after inheritance, and whether the sale would be fair. You should collect records, respond promptly to court papers, and talk to a Maryland real estate or probate attorney immediately.

How partition cases generally work in Maryland

Partition is a court process that lets a co-owner ask a court to divide or sell property when co-owners cannot agree. In practice, courts typically order a sale and divide proceeds among owners according to their ownership shares.

Procedural and substantive rules that apply to partition actions in Maryland include the Maryland Rules and the state court practice for civil actions. See Maryland Courts—Rules and court forms: https://www.courts.state.md.us/rules, and circuit court civil forms and instructions: https://www.courts.state.md.us/courtforms/circuit. For the state statutory code, consult the Maryland General Assembly Code pages for Real Property and related titles: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=realproperty.

Key preliminary questions to answer

• How is title held? (Joint tenancy with right of survivorship vs. tenants in common.)
• Was the house transferred through probate, a deed, or a trust after the decedent’s death?
• Are there written agreements among heirs about keeping or selling the house?
• Who has been paying mortgage, taxes, insurance, and repairs since inheritance?
• Are there liens, mortgages, or unpaid bills attached to the property?

Common defensive strategies

A. Confirm title and standing

Make sure the plaintiff actually has the legal interest they claim. If the plaintiff does not hold an ownership interest or did not follow probate procedures, you may move to dismiss or contest standing.

B. Contest ownership shares and facts

Show documents (deed, will, probate papers, trust instruments) that establish your ownership share. If you can prove a different interest than the plaintiff alleges, you may change the division of proceeds or defeat the petition.

C. Assert equitable defenses

Maryland courts recognize equitable defenses such as:

• Agreement or understanding (for example, an agreement among heirs to keep the house in the family or to delay sale).
• Estoppel (if the plaintiff led you to rely on promises).
• Laches (unreasonable delay that prejudiced you).
• Waiver (if the plaintiff previously acted in a way inconsistent with forcing a sale).

D. Ask for a buyout

Offer or request an accounting and an appraisal so one co-tenant can buy out the other(s) at a fair market price. Courts often favor buyouts when one co-tenant can reasonably pay to keep the property in family use.

E. Request credit for payments and improvements

If you paid mortgage, taxes, insurance, or made capital improvements, you can ask the court to credit those expenditures against your share when dividing proceeds. This requires records and receipts.

F. Move to stay or seek temporary orders

If you need time to arrange financing for a buyout or to obtain an appraisal/repair estimates, ask the court for a short stay or temporary orders that prevent immediate sale while parties negotiate.

G. Use counterclaims or setoffs

File counterclaims if you have claims against the plaintiff arising from the property (for example, unpaid rent, damage, or an accounting claim). Counterclaims can affect the distribution at sale.

H. Mediate or negotiate

Courts commonly encourage or require mediation. A mediated settlement can result in a sale plan, buyout arrangement, or one sibling keeping the house with agreed compensation to others—often cheaper and faster than litigation.

Practical steps to take immediately

1. Read the court papers and the complaint carefully. Note deadlines for filing an answer or motion.
2. Collect key documents: deed, will/trust documents, letters of administration, probate paperwork, mortgage statements, tax bills, insurance policies, repair receipts, and any written agreements among heirs.
3. File a timely response. Missing deadlines can forfeit defenses. Even if you want to negotiate, file an answer or a motion within the required time and ask for a continuance to negotiate.
4. Get an independent appraisal and, if appropriate, a contractor’s estimate for repairs or habitability issues.
5. Talk to a Maryland attorney experienced with partition, probate, and real property—especially if the case involves contested title, complex accounting, or unusual facts.
6. Consider mediation early. Courts and many attorneys favor settlement to avoid sale costs and attorney fees.

What the court usually decides

Maryland courts weigh practicality and fairness. For a single-family house, physical division (partition in kind) is usually impractical. Most courts order a sale and distribute net proceeds according to ownership shares after crediting payments for mortgages, taxes, insurance, and approved improvements or expenses. The court may appoint a commissioner or allow a private sale under court supervision.

Costs, timing, and likely outcomes

Partition litigation can be expensive. Court-ordered sales incur commissions, advertising costs, attorney fees, and possible delay. A negotiated buyout or sale by agreement typically results in higher net proceeds to the owners because it reduces legal fees and court costs. If you successfully prove credits for expenses or show an agreement to postpone sale, you may keep the house or receive a larger share of sale proceeds.

When to get help from a lawyer

Talk to a Maryland attorney if any of the following apply:

• Title disputes exist (deed, survivorship, probate conflicts).
• Significant unpaid debts, mortgages, or liens attach to the property.
• Co-tenants disagree on repairs, occupancy, or sale timing.
• You need a buyout, financing options, or an accounting of rents and expenses.
• You face an imminent sale and need an emergency motion or temporary restraining order.

Helpful Maryland links and resources

• Maryland Courts—Rules and court information: https://www.courts.state.md.us/rules
• Circuit court forms and filing info (civil matters): https://www.courts.state.md.us/courtforms/circuit
• Maryland General Assembly — Real Property Code (state statutes): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=realproperty

Helpful hints

• Respond on time. Missing a deadline can waive your rights.
• Document everything: save emails, texts, receipts, and notes of conversations about the property.
• Get an appraisal early to establish current fair market value.
• Calculate credits: prepare a clear list of payments you made (mortgage, taxes, insurance, improvements) with proof.
• Be open to buyout and mediation—settlement usually saves money and time.
• Understand costs of a forced sale: expect commissions and court costs to reduce net proceeds.
• Consider long-term goals: housing, investment, tax consequences, and sentimental value matter.