Disclaimer: This is educational information and not legal advice. For advice about your specific situation, consult a licensed Maryland attorney.

Detailed Answer — Overview and step‑by‑step under Maryland law

If your late father owned a house jointly with other people (co‑owners, heirs, or devisees) and you want to force a sale because you cannot agree about the property, you may be able to file a partition action in Maryland. A partition action asks the court to divide property among co‑owners. When dividing the land physically (partition in kind) is impractical or unfair, the court can order a sale and divide the proceeds.

Governing law and where to file

Partition actions in Maryland are governed by the Maryland Real Property law dealing with partition and related case law. See the Maryland Real Property statutes for partition matters: Maryland Code, Real Property — Partition provisions. You will file a civil partition complaint in the Circuit Court for the county where the property lies. Locate the proper circuit court here: Maryland Circuit Courts.

Preliminary checklist — documents and facts to gather

• Legal description and deed(s) to the property (copy from county land records).
• Death certificate of your father and probate documents showing who inherited his interest (if estate administration occurred).
• Evidence of ownership for all co‑owners (deeds, wills, beneficiary deeds, or probate records).
• Mortgage or lien information (county recorder or land records will show encumbrances).
• Contact information for all persons who might own or claim an interest in the property (heirs, devisees, creditors).

Who should be named in the lawsuit?

Name every person or entity with a recorded or known claim to the property as defendants. That typically includes surviving co‑owners, heirs, devisees, the personal representative or executor of the decedent’s estate (if the estate still holds title), and anyone with a recorded lien or mortgage. Failing to join an interested party can delay or invalidate the outcome.

Typical pleading and relief requested

Your complaint will ask the Circuit Court to:

1. Declare each party’s interest in the property;
2. Order partition — either partition in kind (divide the land) or partition by sale;
3. Appoint a commissioner or master to carry out the partition or sale and handle distribution of proceeds;
4. Address payment and priority of mortgages, liens, taxes, and costs;
5. Request costs and attorney’s fees when authorized by law or equity.

How the court decides between partition in kind and sale

The court normally prefers physical division when it is practical and fair. If dividing the property would be impractical, inequitable, or substantially reduce value, the court can order a sale and divide the proceeds. The court may also allow one co‑owner to buy out others at an appraised value. The Maryland statutes and case law guide that analysis; a commissioner often makes practical preparations (valuations, marketing, sale). See the legislative overview for partition: Md. Real Prop. §7-101 and following.

Practical timeline and costs

Timelines vary. A straightforward, uncontested partition may take several months. A contested partition, title problems, or complications with probates and liens can extend the case to a year or longer. Expect court filing fees, costs for service of process, appraisal and advertising fees for a sale, commissioner fees, and possible attorney’s fees. If the property has a mortgage, the mortgage typically must be paid from sale proceeds or otherwise addressed in the case.

Special issues when the owner is deceased

• If the decedent’s interest passed by will or intestacy, determine whether the personal representative or administrator still holds legal title. If the estate holds title, the personal representative may need court authority to convey the estate’s interest, or the estate itself may be made a defendant in the partition action.
• If the deed named the decedent as a joint tenant with rights of survivorship, the decedent’s interest may have automatically passed to surviving joint tenant(s). Confirm the deed language and record chain.
• Unprobated claims or competing heirship may require resolving estate administration before or during a partition action.

Common outcomes

Possible results include:

• Partition in kind (rare for single-family houses where physical division is impractical).
• Partition by sale with proceeds divided according to ownership shares after paying liens and costs.
• A buyout where one party purchases others’ interests at court‑ordered valuation.
• Settlement before trial (co‑owners agree on sale, buyout, or distribution).

Helpful Hints

• Talk to a Maryland real estate or probate attorney early. Partition cases involve title, probate, and creditor issues that interact and can be complex.
• Check county land records online for the deed and recorded liens before filing. That helps identify parties and ranks claims.
• If the estate was never probated and the property is titled in the decedent’s name alone, consider opening a small estate or full probate first so the personal representative can be appointed and authorized to act.
• Gather communication evidence. Written offers, emails, or notes showing attempts to resolve the dispute can persuade parties to settle and save litigation cost.
• Prepare for costs: appraisal, advertising, commissioner’s fees, and possible deficiency if mortgages exceed sale price.
• Consider mediation. Courts and parties often resolve partition disputes by mediated settlement that saves time and expense.
• Be realistic about timelines and net proceeds. Property condition, marketability, and encumbrances strongly affect sale price and net distribution.
• If you represent yourself, use the Circuit Court clerk’s office to learn local filing requirements and service rules. The Maryland Rules and local circuit court procedures control filings and notice requirements: Maryland Rules.

Next practical steps

1. Confirm current title status at the county land records office.
2. Locate the will, probate file, or letters of administration if applicable.
3. Identify and list all potential parties to name in the complaint.
4. Contact the Circuit Court clerk to learn local forms and filing fees, and consider an initial consult with a Maryland attorney experienced in partition and probate matters.