Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
When multiple people own the same parcel of real property in Maryland and cannot agree on its use or disposition, any co-owner may file a partition action in the circuit court for the county where the property lies. This statutory remedy forces a fair division or sale of the property and allocates proceeds among owners based on their ownership interests.
1. Statutory Basis
Maryland’s partition law appears in Title 14 of the Real Property Article. Key sections include:
- Md. Code Ann., Real Prop. § 14-101 (definitions).
- § 14-102 (venue and parties).
- § 14-103 (partition in kind vs. sale).
2. Filing the Petition
A co-owner (called the “plaintiff”) files a petition in the circuit court. The petition must:
- Identify the property by legal description.
- Name all co-owners as defendants.
- State each owner’s interest (e.g., one-half, one-third).
- Request either a partition in kind (physical division) or partition by sale.
The court clerk issues summonses, and the plaintiff serves each co-owner with the petition and summons.
3. Partition in Kind vs. Partition by Sale
Under § 14-103, the court favors partition in kind—physically dividing the land—if it can be done without significantly reducing value or harming any owner. If division is impracticable or would impair fair value, the court orders a sale:
- Partition in Kind: The court appoints commissioners who survey and divide the land into parcels matching each owner’s share.
- Partition by Sale: The court orders a public sale (usually at auction). After sale expenses and liens, net proceeds distribute to owners according to their ownership percentage.
4. Role of Commissioners
Once appointed, commissioners:
- Conduct a property survey and inspection.
- Prepare a report recommending division boundaries or sale terms.
- File the report with the court and notify all parties.
Any party can object, and the court resolves disputes before final decree.
5. Final Decree and Distribution
After objections resolve, the court issues a final decree. If the property sells, the commissioner conducts the sale under court supervision. Proceeds, minus costs, liens, and fees, then distribute to owners. The court’s decree binds all co-owners and clears title for purchasers.
Helpful Hints
- Review your deed and title work to confirm each owner’s interest.
- Communicate with co-owners early to explore amicable agreements.
- Consider mediation before filing suit; it may save time and legal fees.
- Gather all mortgage, lien, and encumbrance documents before petitioning.
- Keep records of improvements and payments; they may affect your share.
- Hire a surveyor or real estate appraiser to support a fair division or sale price.
- Understand that court costs, commissioner fees, and attorney fees typically come out of sale proceeds.