Partitioning Marital Property in Maryland: Key Facts
When you and your spouse separate but remain legally married, you may wonder whether you can divide or force sale (“partition”) of your jointly owned real estate. Maryland law sets specific rules depending on how you hold title. This article explains your rights, governing statutes, and practical steps.
What Is a Partition?
A partition action lets co-owners divide property into separate shares or sell it and distribute proceeds. Under Real Property § 2-101, you can sue to partition if you own as tenants in common or joint tenants. However, spouses usually hold property as tenants by the entirety.
Forms of Ownership Under Maryland Law
- Tenancy by the Entireties: Spouses hold property as a single legal unit. Neither spouse can sever title or force sale alone. (Real Property § 2-101)
- Tenancy in Common: Co-owners hold individual shares. Each may sue for partition at any time.
- Joint Tenancy: Similar to tenancy in common but with right of survivorship. You may seek partition.
Partition Before Divorce
If you and your spouse hold title as tenants by the entirety, you cannot partition property until you legally divorce. Separation alone does not change title. A divorce court may convert the property to tenants in common or divide it under equitable distribution.
Equitable Distribution at Divorce
During divorce, the court divides marital property under Family Law § 8-205. The court considers factors like each spouse’s financial contributions, duration of marriage, and economic circumstances. After entry of the divorce decree, you may partition or sell your share.
Practical Steps
- Review your deed or title report to confirm ownership type.
- Consult a family law attorney to file for divorce or limited civil action.
- At divorce, request the court to convert entireties property to tenants in common or order sale.
- If you hold title as tenants in common, file a partition action in circuit court.
Disclaimer
This article provides general information about Maryland law and does not constitute legal advice. Always consult an attorney to discuss your specific situation.
Helpful Hints
- Obtain a copy of your property deed from the land records office.
- Keep detailed records of mortgage payments and improvements.
- Clarify title status before paying legal fees.
- Explore mediation or collaborative divorce to streamline property division.
- Act promptly—delays can affect court scheduling and costs.