How can I file a partition-for-sale suit in Maryland when a minority of the siblings won’t agree to sell our inherited land? | Maryland Partition Actions | FastCounsel
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MD Maryland Partition Actions

How can I file a partition-for-sale suit in Maryland when a minority of the siblings won’t agree to sell our inherited land?

August 8, 2025 6 min read

Can I force a sale of inherited land in Maryland when some siblings refuse? — FAQ

Short answer: Yes. In Maryland a co-owner may file a partition action in the Circuit Court for the county where the land sits. If the court finds a physical division (partition in kind) is impractical or inequitable, it can order a sale and divide the proceeds among owners, even over the objection of minority co-owners. See Md. Code, Real Property, Title 14 for the statutory framework.

Detailed answer — how partition-for-sale works in Maryland

This explanation assumes you and your siblings inherited real property and hold it as co-owners (usually tenants in common unless the deed says otherwise). I am not a lawyer; this is educational information, not legal advice.

1. Jurisdiction and statute

Partition actions in Maryland are governed by the Real Property Code (Title 14). A partition suit is filed in the Circuit Court for the county where the property is located. For statutory text and guidance, see the Maryland General Assembly’s Real Property provisions: Md. Code, Real Property, Title 14. For local court information see the Maryland Courts Circuit Court pages: mdcourts.gov/circuit.

2. Types of partition the court can order

  • Partition in kind: The court physically divides the land among co-owners when that division is practical and fair (e.g., lot subdividable into separate lots).
  • Partition by sale (partition-for-sale): If a fair physical division is impractical or would significantly damage the property’s value, the court can order the property sold and distribute the net proceeds among the owners.

The court generally prefers partition in kind if it can be done without prejudice to the owners’ interests. If not, sale is the remedy.

3. Who can start a partition action?

Any co-owner (including one who owns only a small share) can file a civil complaint asking the court to divide or sell the property. You must name all co-owners and other parties with a recorded interest (mortgages, claimants).

4. Typical procedural steps

  1. Title check and documents: Confirm ownership shares and collect deeds, wills, probate papers, and mortgage or lien information.
  2. Attempt resolution: Courts expect parties to try negotiation or mediated settlement first. Offer a buyout, propose sale terms, or suggest a neutral appraisal.
  3. File complaint: Prepare and file a complaint for partition in the Circuit Court in the county where the property lies. The complaint describes the property, lists all owners and claims, and requests partition in kind or sale.
  4. Service and lis pendens: Serve all defendants (co-owners and lienholders). The plaintiff usually records a lis pendens (notice of the pending action) to alert potential buyers and lien claimants.
  5. Court procedures: The court may appoint commissioners or referees to evaluate whether partition in kind is practical, to appraise, to handle accounting (rents, taxes, mortgage payments), and to conduct sale if ordered.
  6. Sale and distribution: If the court orders sale, the property is sold (often at public auction or by commissioner’s sale). After paying mortgage liens, taxes, expenses, commissions, and court-ordered costs, the net proceeds are divided according to ownership shares (with adjustments for improvements or disproportionate contributions).

5. What about a minority owner who objects?

A minority co-owner cannot indefinitely block a partition suit. The right to partition is a statutory remedy available to co-owners. The court will evaluate the equities. A court can deny a forced sale only in limited circumstances where fairness requires it (for example, if a co-owner’s interest is protected by some special equitable right, or if sale would unduly prejudice an innocent party), but generally will grant partition where appropriate.

6. Practical considerations the court may weigh

  • Whether the property can be physically divided without substantial loss in value.
  • Whether dividing would unreasonably prejudice any party (unequal access, loss of important features, shape or access problems).
  • Existing mortgages, liens, or encumbrances that affect sale proceeds.
  • Improvements paid for by one co-owner (court may credit those out of sale proceeds).

7. Costs, timeline, and likely outcomes

Partition suits can take several months to a year or more depending on court schedules, appraisal and sale processes, or appeals. Costs include court filing fees, service fees, appraisal and commissioner fees, attorney fees, and sale commissions. The court may charge these costs against the proceeds or, in some cases, allocate attorney’s fees according to who prevailed or based on equitable considerations.

8. Example hypothetical (illustrative)

Suppose four siblings inherit a 30-acre family parcel as tenants in common. Three siblings want to sell; one wants to keep the land. After failed negotiations and a buyout proposal refused by the minority owner, a co-owner files a partition complaint in the Circuit Court for the county where the land is. The court appoints a commissioner who finds that subdividing the parcel into equitable lots isn’t practical without harming access and value. The court orders a sale; the court-supervised sale covers liens and fees, then divides net proceeds in quarter shares adjusted for any payments by siblings for taxes or improvements.

Helpful hints — practical steps and tips

  • Get the ownership records: obtain copies of the deed, probate order (if inherited through probate), mortgage statements, and tax bills.
  • Talk first: try mediation or a written buyout offer — courts like to see attempts at resolution.
  • Get an appraisal: a neutral, professional appraisal helps establish fair market value and supports buyout offers or sale decisions.
  • Consult a Maryland real estate attorney: a lawyer can draft the complaint, advise on local practice, and explain likely costs and timelines. If cost is a concern, ask about limited-scope representation or legal aid options.
  • Consider lien and tax consequences: mortgages, liens, and unpaid taxes will be paid from sale proceeds. Check possible capital gains or estate tax effects with a tax advisor.
  • Record a lis pendens after filing: it protects the dispute from being clouded by third-party transfers.
  • Prepare documentation of contributions: keep records for taxes, mortgage payments, and improvements you personally paid for — courts may credit these against distributions.
  • Be ready for court-appointed commissioners: the process often uses a neutral commissioner to sell property under court supervision.

Where to read the statute and find court forms

Final note / disclaimer: I am not a lawyer and this is not legal advice. This article explains general Maryland law about partition actions so you understand options for inherited property. For advice tailored to your situation, consult a Maryland real property attorney or your local legal aid office.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.