What to expect when seeking court-ordered sale or division of inherited real estate in Maryland

Overview

If you and others inherited real property and some co-owners won’t respond, Maryland law allows a co-owner to ask the circuit court to force a partition of the property — either a physical division (partition in kind) or a sale with proceeds divided among owners. The court can proceed even when some owners are uncooperative or cannot be located.

How a partition action works under Maryland law

Partition actions in Maryland are governed by the state’s real property statutes. See Maryland Code, Real Property, Title 14 (Partition). The statute gives co-owners the right to seek a judicial partition when they cannot agree on use, sale, or division of jointly owned land. For the statute text, see: Maryland Code, Real Property, Title 14 (Partition).

Who can file

Any person who holds a present ownership interest in the property (tenant in common, joint tenants depending on how title is held, or a devisee who holds title) may file a complaint for partition in the circuit court where the property lies.

Basic steps a court follows

The co-owner (plaintiff) files a complaint for partition in the county circuit court where the property is located.
The plaintiff names all known co-owners and other interested parties (mortgage holders, lienholders, and parties with recorded interests) as defendants.
The court serves defendants. If some owners do not respond or cannot be located, the plaintiff may ask the court to allow substituted service or service by publication after showing reasonable efforts to locate them.
The court decides whether partition in kind is feasible. If not feasible or equitable, the court orders sale of the property and directs how the proceeds are distributed among owners, after paying liens and costs.
The court may appoint a commissioner, commissioner of sale, or a special master to handle appraisal, marketing, sale, and accounting for the proceeds.

Filing when some owners won’t respond: practical and procedural points

Unresponsive or unlocated co-owners are common. Maryland courts allow the action to proceed, but you must follow court rules that protect absent owners’ rights.

1) Try to document good-faith attempts to contact

Before asking the court for substitute service or publication, document your efforts: certified letters, emails, phone logs, searches of public records, forwarding address checks, contact with relatives, and use of online people-finder tools. The court expects reasonable diligence before allowing alternative notice.

2) Use substituted service or publication if necessary

If personal service fails, ask the court for permission to use substituted service (serving someone at a defendant’s last known address or at counsel) or service by publication. Maryland’s court rules set the procedures for civil service and publication; the Maryland Rules are available at: Maryland Rules. The clerk or your attorney can advise on the exact steps required in your county.

3) Protect unknowns and minors

If a potential co-owner is a minor, incapacitated, or otherwise under disability, the court may require appointment of a guardian ad litem or a statutory representative to defend their interest before final distribution.

4) Ask the court for sale and distribution if partition in kind is impractical

When the court finds a physical division would reduce the value or cannot be done fairly, it will order sale and equitable distribution of proceeds. The court will consider liens, mortgages, credits for improvements, or contributions toward taxes and upkeep when allocating net proceeds.

How probate and estates interact with partition

If the property remains under a decedent’s probate estate, the personal representative (executor/administrator) can often handle the property sale as part of the estate administration. If the estate is closed and title passed to the heirs, any heir with an interest can bring a partition action. If you are unsure whether title moved out of probate, check the probate docket or consult an attorney.

Example (hypothetical facts) — illustrating the process

Three siblings inherit a townhouse in Baltimore County. Two siblings want to sell; one moved abroad and won’t answer calls or mail. The sibling who wants the sale hires a Maryland real estate attorney, files a partition complaint in the Baltimore County Circuit Court, lists the unresponsive sibling as a defendant, and documents repeated attempts to contact them. The court allows service by publication after the attorney shows due diligence. The court appoints a commissioner who supervises the sale; after closing, the court approves distribution of net proceeds to the three siblings in their respective shares, after paying the mortgage and costs.

When to get a lawyer and what to expect in costs and timing

Partition suits involve pleadings, service, title work, possible appraisal, a court-appointed commissioner, and a final accounting. Cases can take several months to a year or more depending on complexity, service issues, and whether parties litigate. Hiring a Maryland real estate attorney greatly reduces procedural mistakes and improves the chance of efficient service and sale. Expect court costs, attorney fees, appraisal and commissioner fees, and sale costs to come out of sale proceeds unless the court orders otherwise.

Key Maryland law and resources

Maryland Code, Real Property, Title 14 (Partition): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gpr&section=14
Maryland Rules (procedures, service, and civil practice): https://www.courts.state.md.us/rules
Maryland Courts Self-Help & Forms (general civil filing info): https://www.courts.state.md.us/selfhelp

Helpful hints

Collect deeds, the decedent’s will and probate documents, mortgage statements, tax bills, and HOA information before filing.
Send a formal written demand to all co-owners before filing; courts view this as a reasonable effort to resolve the matter without litigation.
Check public records for liens and mortgages; these must be paid or addressed in the partition action.
Consider mediation or a buyout offer — a negotiated solution often saves time and money.
Be ready to prove your interest: submit recorded deeds, probate papers, and any documents showing the ownership share you claim.
If an owner is truly unlocatable, document your search carefully (mail returns, phone records, online searches, inquiries to relatives) to support service by publication.
Ask the court to appoint a commissioner of sale if you want an independent officer to manage appraisal, marketing, and closing functions.

Disclaimer: This article provides general information about Maryland procedures for partition of real property. It is not legal advice. Rules and statutes change and every situation is different. For advice about a specific case, contact a licensed Maryland attorney or the circuit court clerk in the county where the property sits.