Can I force division of inherited land in Maryland when relatives refuse?

Short answer: Yes — co-owners can file a partition action in Maryland circuit court to divide or sell jointly owned property when owners cannot agree. This article explains how partition works in Maryland, the steps to start a lawsuit, what the court can order, likely timelines and costs, and practical options to avoid or resolve conflict without litigation.

What is partition under Maryland law?

Partition is a court process that divides property owned by two or more people when they hold title together (often as tenants in common) and cannot agree about use, sale, or division. The court can physically divide the land (partition in kind) or order a sale and divide proceeds (partition by sale). The authority for partition actions is found in Maryland’s Real Property provisions. See Md. Real Property § 14-101 for the basic action for partition and related provisions on how courts handle division and sale (Md. Real Property § 14-101; Md. Real Property § 14-102).

Who can bring a partition action?

Any co-owner with a legal interest in the property can ask the circuit court to partition the property. Common scenarios include: inherited land held as tenants in common, siblings who each own an undivided share, or an owner who no longer wants to co-own. If the property is in probate but title has been distributed, beneficiaries who hold legal title may proceed.

Step-by-step: How to start a partition lawsuit in Maryland

Confirm ownership and title documents. Collect deeds, the will or probate order (if the property passed through probate), mortgage statements, tax records, and any written co-ownership agreements. These identify who must be named as defendants.
Try negotiation or mediation first. Courts prefer parties to resolve disputes without litigation. Offer buyouts, propose a partition in kind, or use a mediator to explore a voluntary split or sale. Mediation is often faster and far less expensive than court.
Choose the proper court and file the complaint. File a complaint for partition in the Maryland Circuit Court for the county where the property is located. The complaint should describe the property, list all owners and lienholders, state the requested relief (partition in kind or sale), and include a proposed division or sale plan.
Serve all co-owners and interested parties. You must properly serve everyone with an ownership or lien interest, including mortgage holders or judgment creditors.
Wait for responses and possible motions. Defendants may answer, contest jurisdiction, raise procedural defenses, or propose alternatives. The court may hold hearings on preliminary issues.
Court evaluation and commissioners. If the court orders partition, it may appoint a commissioner, surveyor, or referee to inspect the property, prepare a report, and recommend whether partition in kind is feasible and how to divide value fairly.
Partition in kind vs. sale. If the land can be divided fairly without substantially reducing value, the court may order allotment (each owner gets a portion). If dividing is impractical or unfair, the court can order a public sale and split the proceeds after paying liens and costs.
Distribution of proceeds and closing. After sale, liens and costs (court costs, commissions, taxes, and debts secured by the property) are paid. Net proceeds are distributed according to ownership shares or the court’s equitable determination.

What the court considers

The court will weigh whether a physical division would be equitable and practical. Factors include the shape and size of the land, access issues, whether division would substantially reduce value, owners’ relative contributions, and any written agreements among owners. Maryland law gives courts discretion to order sale or partition in kind based on fairness and practicality.

Practical considerations, costs, and timelines

Filing and service: initial procedural steps often take weeks to months.
Discovery and hearings: expect several months for discovery, motions, and hearings in contested cases.
Commissioner/survey work: appraisals and surveys can add weeks to months.
Sale timeline: if court orders sale, the sale process can add months depending on advertising and local sale procedures.
Costs: court fees, service fees, surveyor/appraiser fees, commissioner/referee fees, and attorney fees if you hire counsel. In contested cases, fees can be significant; courts may allocate costs between parties.

Common obstacles and defenses by relatives

Claims that the proposed partition is unfair or that property cannot be divided without loss of value.
Assertions of exclusive use, equitable accounting, or lien priority that affect distribution of proceeds.
Procedural defenses such as improper service, statute of limitations, or existing written agreements restricting partition.

Alternatives to litigation

Buyout: one or more co-owners buy out others at an agreed price.
Voluntary sale: unanimous agreement to sell the property and divide proceeds.
Mediation or neutral valuation: use a mediator or neutral appraiser to set buyout terms.
Partition in kind by agreement: hire a surveyor and agree on physical division outside court.

Where to file and who can help

File in the Maryland Circuit Court in the county where the property sits. Maryland circuit court information is available at the Maryland Judiciary site: Maryland Circuit Courts. Consider consulting an attorney who practices Maryland real property and civil litigation to prepare pleadings, identify all parties, and protect your rights during the process.

Helpful Hints

Gather title evidence before filing: deeds, probate papers, mortgages, tax records, and any written co-ownership agreements.
Document attempts at settlement: emails, letters, and mediation offers help show you tried to resolve the dispute before suing.
Consider mediation first: courts favor settlement and mediation saves money and time.
Identify lienholders early: mortgage and judgment holders must be joined or notified; their claims are paid from sale proceeds.
Get at least two independent appraisals if you expect disputes about value.
Be prepared for time and cost: contested partitions can take months to a year or more and involve significant fees.
Ask the court about appointment of a receiver if the property requires management (for upkeep, rent, or taxes) while the case proceeds.

Disclaimer: This article explains general Maryland law about partition actions and practical steps to start a lawsuit. It is educational only and not legal advice. Facts and outcomes vary by case. For advice tailored to your situation, consult a licensed Maryland attorney who handles real property litigation.