Detailed Answer
This section explains how co-owners can force a division or sale of real property in Maryland when they cannot agree. It covers practical steps, the court process, what a court can order, and how proceeds and debts are handled. This is an educational overview and not legal advice.
Who may file and where to file
Any person who holds an ownership interest in real property in Maryland — commonly a tenant in common or joint tenant — may file a partition action in the Maryland Circuit Court for the county where the property is located. The action asks the court to divide the property among co-owners (partition in kind) or to order the property sold and the proceeds divided (partition by sale).
Pre-filing steps you should try first
- Confirm legal ownership by reviewing the deed and chain of title.
- Try negotiation or mediation. A written buyout offer or a negotiated division can avoid costs and delay.
- Gather documents: deed, mortgage statements, tax bills, insurance, proof of contributions to mortgage or improvements, and any written agreements between owners.
Filing the partition complaint
If negotiations fail, the next step is to file a complaint for partition in the Circuit Court for the county where the property is located. The complaint should:
- Identify the property with a legal description (from the deed or land records).
- Name all known owners and any other persons with recorded interests (mortgagees, lienholders) as defendants.
- State the type of co-ownership (tenancy in common, joint tenancy) and each party’s claimed share if known.
- Ask the court for a partition in kind if practicable, or a partition by sale if division in kind is impractical.
After filing, the plaintiff typically records a notice of the pending action in the land records (a lis pendens or similar notice) to put potential buyers on notice of the dispute. Service of process must be completed on all defendants; if heirs or unknown parties may claim an interest, the court may allow service by publication in some circumstances.
What the court can order and the role of a partition commissioner
Circuit Courts have equitable powers in partition cases. The judge will consider whether the property can be fairly divided without harming the value (partition in kind). If a physical division is impracticable or would greatly reduce value, the court commonly orders a sale.
The court often appoints a neutral partition commissioner or special master. Typical duties of the commissioner include:
- Inspecting and appraising the property.
- Attempting a judicial sale (public auction or private sale subject to court approval).
- Reporting the results to the court and proposing a distribution of sale proceeds.
Sale, confirmation, and distribution of proceeds
If the court orders a sale, the property is sold and the commissioner files a report. The court will hold an opportunity for objections. If the sale is confirmed, the court issues an order distributing proceeds after paying:
- Costs of sale and court costs.
- Taxes, assessments, and insurance costs that are prior to sale.
- Mortgage and lien payoffs in order of priority (recording date generally determines priority).
Net proceeds are divided among co-owners according to their legal shares. If ownership shares are unclear, the court may make findings based on deeds, contribution evidence, and equitable principles.
Effect of mortgages and liens
Mortgages and recorded liens typically remain attached to the property and are paid from sale proceeds in priority order. That means a mortgage recorded before a co-owner’s interest usually must be paid before distribution to the owners.
Timeframe and costs
Timeframes vary. A straightforward partition can take several months. Complex cases with title disputes, missing parties, environmental issues, or contested valuations can take a year or more. Costs can include court filing fees, commissioner’s fees, appraisal fees, advertising fees for sale, and attorney fees. Courts may not award attorneys’ fees to a prevailing party absent statute, agreement, or special circumstances.
Common disputes and defenses
Defendants may raise defenses such as a prior agreement restricting partition, equitable claims (one owner paid for substantial improvements), or claims that the property is subject to bankruptcy or other liens. The court will resolve those issues as part of the partition proceeding.
Practical outcomes and alternatives
Outcomes include:
- A partition in kind; owners receive separate physical portions.
- A judicial sale followed by division of proceeds.
- A negotiated buyout where one owner buys others at an agreed price.
- Settlement resolving related claims (e.g., equitable credits for mortgage payments or improvements).
Where to get more information and forms
General Maryland court information and self-help resources are available at the Maryland Judiciary website: https://www.mdcourts.gov/legalhelp. To find the Circuit Court for the county where the property sits, see: https://www.mdcourts.gov/circuit. For Maryland legislative materials and state statutes, visit the Maryland General Assembly site: https://mgaleg.maryland.gov.
Disclaimer: This article explains general legal concepts and Maryland procedures. It does not provide legal advice. For advice about your particular situation, contact a licensed Maryland attorney.
Helpful Hints
- Confirm the exact deed language to determine ownership type (tenancy in common vs. joint tenancy).
- Try mediation before filing; it can cut time and cost dramatically.
- Record a notice of the pending action (lis pendens) after you file to protect your interest against third-party purchasers.
- Collect all records proving contributions to mortgage, taxes, insurance, and improvements — courts consider these when dividing proceeds.
- Do not stop paying mortgage or property taxes during a dispute; defaults can create bigger problems and reduce the sale proceeds available to owners.
- Expect to pay for appraisal and sale costs; these come out of sale proceeds before distribution.
- If parties cannot be located, the court may allow service by publication; start attempts to find missing owners early.
- Confirm lien priorities early by ordering a title search from the county land records office.
- Consult a Maryland real property attorney to evaluate whether a partition lawsuit or a negotiated buyout makes more sense in your case.