Detailed Answer

Short answer: If you co-own real estate in Maryland with two other people and you cannot reach agreement, you can usually force a sale (or a division of the land) by filing a partition action in the Maryland Circuit Court for the county where the property sits. The court can order the property divided physically (partition in kind) or sold and the proceeds distributed (partition by sale). This page explains how the process works, what the court considers, typical timelines and costs, and practical steps you can take before filing.

What is a partition action and who can bring one?

A partition action is a lawsuit that asks the court to divide real property among co-owners so each receives their fair share. In Maryland, any person who owns an undivided interest in property (for example, tenants in common or joint tenants) may ask the court to partition the property. The court can:

order a partition in kind (physically divide the land) when division is practical and fair, or
order a sale of the entire property and distribution of net proceeds when a physical division is impractical or would unduly reduce value.

How the court decides whether to sell

The judge evaluates whether a physical division is feasible and whether dividing the property would prejudice the owners or reduce value. Common factors the court considers include:

size and character of the property;
zoning and subdivision rules that may prevent practical division;
costs of dividing (surveying, new access, utilities);
the value lost if forced division would result in uneconomic parcels; and
whether one party already has exclusive possession or has paid disproportionate expenses.

What the court can order and what happens after

Typical remedies and steps after a successful partition request:

Appointment of a commissioner, master, or trustee to handle the division or sale. The commissioner generally arranges appraisals, listings, and sale proceedings.
If the court orders sale: the property is sold (often at public auction or by private sale approved by the court). The court confirms the sale to transfer clear title to the buyer.
Payment of existing mortgages and liens from sale proceeds. Remaining proceeds are divided among owners according to ownership shares, subject to credits for mortgages, taxes, repairs, or improvements paid by one owner.
Possible credit or accounting for unequal contributions—if one co-owner paid the mortgage, property taxes, or made substantial improvements, the court can credit that owner before splitting proceeds.

Practical steps before you file

Talk to the co-owners. A negotiated buyout or listing the property for sale by agreement is usually faster and cheaper than court.
Obtain a current appraisal or market analysis to set expectations and support a fair buyout price.
Propose mediation. Courts often favor settlement; mediation can preserve relationships and reduce costs.
Send a formal written demand (certified mail) stating you want to sell and offering options (buyout, shared sale, or mediation). This paper trail can help if you later go to court.
If negotiation fails, hire a Maryland real estate attorney to prepare and file a partition complaint in the Circuit Court for the county where the property is located.

Filing the partition case in Maryland—what to expect

Key procedural points:

Venue: file in the Circuit Court for the county where the property is located.
Parties: you must name all record title owners and any lienholders (mortgagees) as defendants so the court can clear title.
Interim relief: you can ask the court to prevent other owners from damaging or altering the property, or to require an accounting for rents and expenses while the case is pending.
Costs and fees: expect court filing fees, service costs, attorney fees, appraisal and commissioner fees, and costs related to the sale. The court allocates costs from sale proceeds as appropriate.
Timeline: a simple partition can take several months; contested cases or cases involving complex title or liens may take a year or longer.

Mortgages, liens and other encumbrances

Existing mortgages and liens remain attached to the property until paid. On sale, the commissioner or closing agent pays off these encumbrances from sale proceeds. If the mortgage balance exceeds sale proceeds, owners remain liable to the lender to the extent of any deficiency (unless the lender releases deficiency liability or foreclosure already happened).

Joint tenancy versus tenancy in common

How you hold title affects rights but not the availability of partition. Tenants in common can always seek partition. Joint tenants (with right of survivorship) can also seek partition to sever the joint tenancy; filing a partition action typically severs the joint tenancy and allows division or sale.

Alternatives to a partition lawsuit

Negotiated buyout: one owner buys out the others using an appraisal-based price.
List and sell the property by agreement with proceeds split.
Mediation or arbitration to settle disputes without litigation.
Settlement agreement that awards exclusive possession to one party with offsetting payment.

When to get an attorney

Get a Maryland real estate attorney if:

co-owners refuse reasonable settlement offers or obstruct sale;
title is unclear or disputes exist over ownership shares;
there are mortgages, tax liens, or other encumbrances to resolve;
you need an accounting for rents, expenses, or improvements; or
you want to file in court and need help with pleadings, discovery, or hearings.

For information from the Maryland Courts about partition and procedures in Maryland, see the Maryland Judiciary self-help information on partition: https://www.mdcourts.gov/legalhelp/housing/partition.

Disclaimer

This article explains general Maryland law about partition actions and is for educational purposes only. It does not constitute legal advice. Laws change and facts matter—consult a qualified Maryland attorney about your specific situation.

Helpful Hints

Always try a written demand and mediation before filing; courts prefer parties attempt settlement.
Get a professional appraisal early so you can present realistic buyout numbers.
Keep detailed records of payments you made (mortgage, taxes, repairs); the court may credit these against your share.
Include mortgagees and lienholders in any lawsuit to ensure a clean title transfer after sale.
Be mindful of tax consequences from a sale and consult a tax advisor if needed.
If you occupy the property and others do not, consider asking the court for occupancy credits or an accounting for rents and expenses while the case is pending.
Expect costs: litigation, commissioner fees, and sale expenses reduce net proceeds—factor them into settlement talks.

If you want help finding a Maryland real estate attorney who handles partition cases, consider contacting your county bar association or the Maryland State Bar Association lawyer referral service for vetted referrals.