FAQ: How do co-owners start a partition action to divide or sell shared real property in Maryland?

Short answer: If co-owners cannot agree on dividing or selling jointly owned real property, any co-owner can file a partition lawsuit in the Maryland circuit court where the property sits. The court will either divide the land physically (partition in kind) if practicable, or order a judicial sale and distribute the proceeds after paying liens and costs. Before filing, owners should collect title documents, check mortgages and liens, and try negotiation or mediation to avoid litigation.

Detailed answer — step-by-step under Maryland law

1. Confirm ownership and try to resolve the dispute informally

Start by reviewing the deed and any recorded documents to confirm who owns the property and each owner’s interest (joint tenants, tenants in common, etc.). Many co-owner disputes resolve without court intervention. Common alternatives to filing a partition action include:

Negotiated buyout (one owner buys another’s share).
Voluntary sale and split of proceeds.
Mediation or neutral appraisal to set a fair price.

2. When to file a partition complaint

If negotiation fails, any co-owner with a legal interest in the property can file a partition complaint in the Circuit Court for the county where the property is located. Filing is usually appropriate when co-owners cannot agree on use, sale, or division and one or more owners want a final, enforceable resolution.

3. Who to name as parties

The complaint must name all record owners and any parties holding liens or other recorded interests (mortgagees, judgment creditors, etc.). Maryland courts require joinder of all persons with a stake in the property so their rights are protected.

4. Choice of relief: partition in kind vs. sale

In Maryland, courts prefer partition in kind — physically dividing the land — when it is practical and fair. If a physical division would cause substantial injury to owners’ interests or is impractical, the court will order a judicial sale (sale at public auction or by private sale under court supervision) and divide the proceeds. The court has discretion based on the facts.

5. Procedure after filing

Service: Co-owners and lienholders must be properly served with the complaint and summons.
Response: Defendants may answer, raise defenses (e.g., agreed partition, estoppel, laches), or assert counterclaims.
Appointment of a commissioner or master: If needed, the court may appoint a commissioner, guardian, or master to make recommendations, perform appraisals, order a sale, and handle closing. The appointee prepares reports the court can adopt.
Appraisal and accounting: The court typically orders an appraisal to determine fair market value and an accounting of liens, taxes, and costs before dividing proceeds.
Sale or division: If a sale is ordered, the court supervises the process and confirms the sale. If divided in kind, the court issues an order and directs the recording of new deeds to allocate parcels to owners.

6. Distribution of proceeds and liens

The court ensures that mortgage liens, tax liens, and court-ordered costs are paid first from sale proceeds. Remaining funds are distributed to owners according to their ownership shares, subject to any specific court rulings about credits (for improvements, mortgage payments, or offsets between owners).

7. Costs, attorney’s fees, and timing

Partition litigation can take months or longer depending on complexity, title issues, and whether the property must be sold. The court may order that costs and sometimes attorneys’ fees be paid from the proceeds, especially if one party acted unreasonably, but there is no automatic fee award in every case. Expect filing fees, service costs, appraisal fees, and commissioner fees.

8. Practical and legal complications to watch for

Hidden lien holders: Proper title search is essential to identify all parties that need to be joined.
Tenancy type matters: Joint tenancy cases sometimes require extra steps to sever a joint tenancy before partition.
Mortgages and payments: A co-owner who continues paying a mortgage may claim contribution or credit.
Family or homestead protections: Certain local protections or exemptions can affect sale or distribution—consult counsel.
Tax consequences: Sale or buyouts can trigger capital gains or other tax issues; consult a tax advisor.

How to get started — documents and evidence to gather

Recorded deed(s) showing current ownership.
Mortgage, lien, or judgment documents affecting the property.
Property tax bills and payment records.
Insurance policies and claims history.
Communications (emails, letters) reflecting offers or agreements among owners.
Survey, plat, or site plan if available.
Records of improvements and expenses paid by co-owners.

Where in Maryland law this comes from

Maryland law governs partition through the Real Property-related statutes and the state courts’ procedures. For general statutory information and to explore the Maryland Code, visit the Maryland General Assembly site: https://mgaleg.maryland.gov/. For practical court forms and local circuit court information, see the Maryland Judiciary: https://www.mdcourts.gov/legalhelp. These resources can help you find the applicable statutes and local circuit court rules that apply to a partition action.

Helpful Hints

Try mediation first. Courts often look favorably on parties who attempt to settle before litigating.
Get a title search early. Missing a mortgage or judgment can delay or complicate a partition action.
Consider valuation options. A neutral appraisal or brokerage market analysis can support settlement discussions.
Weigh buyout vs. sale costs. A buyout can avoid sale costs and delay but requires funding and agreement on price.
Document everything. Keep clear records of payments, improvements, and communications among co-owners.
Talk to a Maryland real estate attorney if title issues, liens, or complex ownership structures exist.

Disclaimer: This article summarizes general Maryland law and common practice about partition actions. It is for educational purposes only and is not legal advice. For advice about a specific situation, consult a licensed Maryland attorney.