Detailed answer — How Maryland law lets a co-owner force a sale

Maryland law allows a co-owner of real property to ask a court to divide or sell jointly owned property through a partition action. When physical division (partition in kind) is not practical or fair, the court can order a sale and divide the net proceeds among the co-owners according to their ownership interests.

The statutory framework for partition actions in Maryland appears in the Real Property Article. For the statutory text and procedures, see the Maryland Code, Real Property (partition provisions), which authorizes courts to divide or order the sale of property held in common: Md. Code, Real Property §3-101 et seq..

When the court will order a sale

• If the court finds the property cannot be fairly divided physically (for example, a single-family home on one lot), it will usually order a sale.
• The court considers practical fairness and the rights of each owner. Partition in kind (physical division) is preferred when feasible; sale is the remedy when division would be impractical or inequitable.

How the sale proceeds are distributed

The court directs distribution of net sale proceeds after paying mortgages, liens, costs of sale, and court-ordered costs. The court may adjust each party’s share to account for:

• Unequal contributions to purchase price, mortgage payments, taxes, or major improvements;
• Rents, profits, or losses if the property was rented or occupied;
• Any liens or judgments that attach to an owner’s share.

What the court can order in the process

• Appointment of a commissioner (or trustee) to sell the property at public or private sale and report to the court.
• Temporary orders allocating possession, rents, or expenses while the case proceeds.
• Accounting so the court can credit or charge owners for payments made on mortgages, taxes, repairs, or improvements.

Typical timeline and procedure

1. File a complaint for partition in the appropriate Maryland circuit court naming all co-owners and any lienholders.
2. Serve all parties. The court will set hearings and may require mediation or settlement conferences.
3. If the court finds sale appropriate, it will appoint a commissioner to arrange the sale, confirm the sale, and oversee distribution of proceeds.
4. After sale and confirmation, the court signs an order distributing net proceeds and resolving claims for credits or liens.

Practical costs and considerations

A partition action involves court costs, attorney fees, appraisal and sale expenses, and likely a commission to the person you appoint to sell. The timeline can range from several months to a year or more depending on contested issues. The net return may be lower than an agreed private sale because of litigation and sale costs.

Alternatives to a court-ordered sale

• Negotiate a buyout: propose a buyout price based on an appraisal.
• Mediation: a neutral mediator can help reach a settlement without court expense.
• One owner purchases another’s interest privately (deed transfer and refinancing if needed).

Example (hypothetical)

Three siblings inherit a single house as tenants in common. One sibling wants cash and requests a sale; the other two refuse to buy out. The requesting sibling files a partition action in the circuit court. The court determines the property cannot be fairly divided, appoints a commissioner, orders a sale, pays off the mortgage and liens at closing, deducts sale costs and commissions, then divides the remaining proceeds among the three siblings in proportion to their ownership shares, after adjusting for one sibling’s mortgage payments and another’s major documented improvements.

Key statutes and rules: See the Real Property partition provisions at the Maryland General Assembly site: Md. Code, Real Property §3-101 et seq..

Helpful Hints

• Gather paperwork early: deeds, title info, mortgage statements, tax bills, insurance, leases, receipts for repairs or improvements, and any written agreements between owners.
• Obtain an independent appraisal before filing. A current market value estimate strengthens your position and helps frame buyout offers or sale expectations.
• Try settlement or mediation first. Courts often encourage resolution without a contested trial and settlements save money and time.
• Know the costs: litigation, appraisal, commissioner’s fees, realtor commissions, and possible credits or offsets will reduce net proceeds.
• Consider timing and taxes. A forced sale can have capital gains or other tax consequences; consult a tax advisor for implications.
• Name all likely claimants and lienholders when filing. Missing parties can delay or complicate the case.
• If you occupy the property, document who paid for utilities, taxes, and repairs; the court may credit or charge owners accordingly.
• If your co-owners are unreachable or uncooperative, the court can allow service by publication in some circumstances—ask an attorney about this option.
• Search for a Maryland attorney with experience in partition or real property litigation. Local bar associations can provide attorney referral services.