Short answer

If mediation does not resolve a dispute over jointly owned land in Maryland, a co-owner can file a partition action in the Circuit Court where the land lies. The court may order a division of the land (partition in kind) or appoint commissioners to sell the property and divide the proceeds (partition by sale). The court’s judgment resolves ownership shares, determines credits or debts between co-owners, pays liens and costs, and distributes any remaining proceeds. The process involves pleadings, service, possible appointment of commissioners or a referee, appraisal, sale (if ordered), and accounting.

Detailed answer — what to expect under Maryland law

1. Why file a partition action?
When co-owners cannot agree about use, management, or sale of real property, Maryland law allows any owner to ask the court to physically divide the property or force its sale and divide the proceeds. Filing becomes necessary when negotiation and mediation fail and one or more owners want a final judicial resolution.

2. Where and how a partition case begins
You file a complaint for partition in the Circuit Court for the county where the property is located. The complaint names all co-owners and anyone with a recorded interest or lien on the property. After filing, the plaintiff must serve each defendant with the complaint and summons and follow the court’s procedures for joinder and notice.

3. Who the court can order and what temporary relief is available
The court can enter temporary orders to preserve the property’s value—restraining waste, ordering repairs, or requiring one owner to pay for taxes, insurance, or mortgage payments pending the final determination.

4. Partition in kind vs. partition by sale
– Partition in kind: The court will divide the land into separate parcels that match each owner’s share if the property can be conveniently and fairly divided. This is common when division is practical without great prejudice to any owner.

– Partition by sale: If physical division is impractical or would substantially reduce value, the court orders the property sold and the proceeds distributed. The court appoints commissioners or a property commissioner/referee to value, sell, and report on the sale.

5. Appointment of commissioners, appraisal, and sale process
Courts typically appoint neutral commissioners or a referee to inspect the land, appraise it, recommend division or sale terms, and conduct the sale if ordered. The sale may be public or private, subject to court confirmation. The commissioners/report provide an accounting and recommend distribution of proceeds.

6. Liens, mortgages, and priorities
Before distributing sale proceeds, the court will pay valid liens, mortgages, and property taxes according to their priority. Owners receive their net shares only after lien satisfaction and lawful costs (commissions, advertising, taxes, and court expenses).

7. Credits, contributions, and unequal shares
The court will consider each owner’s equitable rights. If one owner paid most mortgage payments, taxes, or made improvements, the court may give that owner credit against the sales proceeds. Conversely, an owner who caused waste or unlawful occupancy may face deductions. The court’s role is equitable: it allocates gains and losses based on contributions and fairness.

8. Timing and costs
Partition actions can take months to more than a year depending on complexity, contested issues, and whether a sale is required. Costs include filing fees, service, appraisal, commissioners’ fees, advertising, closing costs on a sale, and attorneys’ fees. Courts sometimes award attorneys’ fees only when a contract provides for them or under limited equitable circumstances.

9. Appeals and finality
Parties can appeal the court’s final decision under Maryland appellate rules. An appeal can delay distribution and sale confirmation. Once appeals are resolved and the sale is confirmed, the court issues a final accounting and decree distributing proceeds.

10. Where the law is written
Maryland’s laws and court rules that govern property litigation, including partition procedures and remedies, appear in the Maryland Code and the Maryland Judiciary’s resources. For the text of the Maryland Real Property law and related statutes, see the Maryland General Assembly’s Real Property Article: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=realp. For practical court procedures and self-help materials, see Maryland Courts’ legal help pages: https://www.mdcourts.gov/legalhelp.

Common outcomes and examples (hypothetical situations)

• Two siblings own a 10-acre parcel. They cannot agree whether to subdivide. The court finds subdivision would create impractical small lots and orders a sale with proceeds divided 50/50 after paying the mortgage and sale costs.
• An owner paid the mortgage and made improvements for years. The court orders a sale but awards that owner a credit for documented payments and improvements before dividing the remainder among co-owners.
• A co-owner with a valid recorded mortgage has that lien paid from the sale proceeds in priority before co-owners receive their shares.

Helpful hints — practical steps before and after filing

• Gather title documents: deeds, any written agreements between owners, mortgages, lien records, tax bills, and insurance records.
• Document contributions: keep records of payments for mortgage, taxes, insurance, utilities, and any improvements to support claims for credits.
• Check recorded encumbrances: determine liens, mortgages, or judgments that will affect net proceeds.
• Consider a buyout or settlement: a negotiated buyout or partition agreement can save time and costs compared to litigation.
• Use the local circuit court clerk: they can explain filing steps and any local forms for partition cases.
• Understand possible costs: get estimates for appraisals, commissioners’ fees, and likely attorney fees so you can weigh options.
• Preserve the property: avoid waste or actions that could reduce value while litigation is pending; the court can order preservation remedies.
• Ask about tax consequences: sale proceeds and gain allocation can have tax implications—consult a tax advisor if needed.
• Get legal help: consult an attorney licensed in Maryland who handles partition and real property litigation to protect your rights and present credits or defenses properly.