Options for Forcing Sale or Division of Real Property You Still Co-Own After Divorce (Maryland)

Disclaimer: I am not a lawyer. This article is educational only and is not legal advice. If you need legal advice about your particular situation, consult a licensed Maryland attorney.

Detailed answer — how to force a sale or division of co-owned property in Maryland

If you and your ex are still co-owners of real property after a divorce in Maryland, you have several legal and practical paths to end the co-ownership and divide the property’s value. The most common legal remedy is a partition action in the Maryland Circuit Court. Other options include negotiating a buyout, using the divorce judgment (if it awarded the property but title was never transferred), or pursuing equitable remedies such as an accounting or lien enforcement. Below I explain the main options, how they work in Maryland, what the court may consider, and practical next steps.

1. File a partition action in circuit court (most direct legal route)

What it is: A partition action is a civil lawsuit that asks the court to divide property among co-owners. The court can order:

Partition in kind: physically divide the land into separate parcels so each owner gets a portion (only possible when a fair physical division is feasible);
Partition by sale: sell the property (private sale or judicial sale/auction) and divide net proceeds among the owners after liens, costs, and allowed credits.

How Maryland courts treat it: Maryland allows partition actions where co-owners cannot agree. The court will consider whether a physical division is practicable and equitable. If a partition in kind would be impractical or would significantly prejudice owners (for example, a single-family house on one lot usually cannot be fairly divided), the court most commonly orders a sale and divides proceeds. Expect the court to deduct mortgages, tax liens, sale costs, and any court-ordered allowances (for repairs, commissions, etc.) before splitting the remainder.

Where to file: Partition actions are filed in the Maryland Circuit Court in the county where the property is located. For basic help and procedural information see the Maryland Judiciary self-help resources: https://www.mdcourts.gov/legalhelp

2. Negotiate a private settlement or buyout

What it is: You or your ex can buy out the other owner’s share (one party takes full ownership and pays the other), or agree to divide the proceeds from a private sale. This avoids court costs and delays and allows you to control the sale process (choose the buyer, timing, and price).

Why this is often best: A negotiated buyout or private sale is typically faster, cheaper, and gives both parties more control. Consider using mediation or attorneys to draft a clean closing and deed transfer so you avoid future disputes.

3. Use the divorce judgment or settlement (if applicable)

What to check: If the divorce decree or settlement expressly awarded the property to one spouse (or required a transfer) but title was not transferred or the other spouse failed to comply, the decree may be enforceable as a judgment. You may record the divorce judgment as a lien against the property or ask the court to enforce the decree — which can include a motion to compel deed transfer or even execution on the judgment.

Important: A divorce court’s property award does not automatically change title. You may still need to record a deed or take other steps. If the other party refuses, you can usually enforce the judgment through the civil courts.

4. Accountings, equitable credits, and lien claims

When parties share a mortgage, taxes, or pay for improvements, the court or a partition referee may order an accounting and give credits or debits to reflect each party’s contributions. You can ask the court to offset one owner’s share with payments you made (mortgage, property taxes, repairs), but you must be prepared with records. The court can also treat a divorce judgment as a lien or order payments to satisfy certain equitable claims.

5. Temporary injunctive relief

If your co-owner is threatening to harm the property, remove tenants, or otherwise act in a way that devalues it, you can ask the court for a temporary injunction to preserve the status quo while the partition or enforcement action proceeds.

Typical court process and outcomes

Filing a complaint for partition starts the case. The court serves all co-owners and interested lienholders.
The court may appoint a commissioner or master to evaluate the property, propose a division, or oversee sale procedures. Sale proceeds are placed in court or distributed after a confirmed sale.
If the court orders sale, proceeds first pay mortgage(s), tax liens, sale costs, and court costs; the remainder splits among owners according to ownership shares, adjusted for credits (contributions, repairs, rents collected, etc.).
If one co-owner has a superior legal right (for example, the divorce judgment awarded the property), that ruling and any recorded judgments or liens will affect distribution and priority.

Practical example (hypothetical facts)

Hypothetical: You and your ex own a townhouse in Montgomery County as joint tenants. The divorce decree awarded you the house, but the ex never signed the deed to transfer title. The mortgage remains in both names. You tried to negotiate a deed signing, but the ex refuses.

Likely options and result:

You can file a partition action asking the court either to order the ex to sign a deed under the terms of the divorce judgment (if the decree clearly required the transfer) or to order a sale and split the proceeds. Because a townhouse can’t be physically divided, the court will likely order sale unless you can show specific entitlement to the property under the divorce judgment.
If the court orders a sale, the mortgage must be paid from sale proceeds. If you want to keep the home, you could offer to buy out the ex’s share (private buyout) or refinance the mortgage solely in your name and use proceeds to pay the ex.

What you need to gather before you act

Deed(s) showing current title and ownership shares.
Copies of the divorce decree, marital settlement agreement, or any recorded instruments related to property division.
Mortgage statements, tax bills, homeowners insurance, HOA statements.
Records of payments you made (mortgage, taxes, utilities, repairs, improvements) and any rental income or expenses.
Any communications offering or refusing a buyout or transfer.

Timing and costs

Expect a partition action to take several months to over a year depending on complexity, county caseload, and whether the case settles. Costs include filing fees, attorney fees, possible appraisal and commissioner fees, and sale-related costs. Mediation or negotiated settlement can substantially reduce both time and cost.

Where to find Maryland law and local procedures

Maryland Judiciary self-help pages explain civil processes and courthouse contacts for filing partition or property enforcement actions: https://www.mdcourts.gov/legalhelp

For statutory research and to locate any Maryland code sections related to partition, recorded deeds, liens, and enforcement, search the Maryland General Assembly code site: https://mgaleg.maryland.gov/ — or consult a Maryland attorney who can point to the controlling statutes and local rules that apply in your county circuit court.

Helpful Hints

Try negotiation or mediation first — it’s usually faster and cheaper than court.
Gather clear documentation of contributions and payments; courts rely on records when allocating credits or debts between co-owners.
If you want to keep the property, consider a refinance and buyout arrangement so the mortgage is removed from the other party’s name.
Record any divorce judgment, deed, or lien you rely on promptly in the county land records to protect your interest.
Be realistic about costs: attorney fees, appraisals, and sale costs can reduce net proceeds; a negotiated split often preserves more value for both sides.
If your ex is avoiding cooperation, a partition action is an effective backstop; courts can order sale or enforce judgments when voluntary transfer fails.
Talk to a Maryland attorney for county-specific practice, deadlines, and likely outcomes in your local circuit court.

If you want, provide a short description of your situation (ownership type, whether the divorce judgment addressed the property, mortgage status) and I can outline likely next steps and documents to prepare before you contact an attorney.