Can I Force the Sale of a Co-Owned Property When My Co-Owner Refuses Mediation?

Short answer: In Maryland you can usually force a sale (or division) of real property owned jointly by filing a partition action in the Circuit Court. A co-owner’s refusal to mediate does not block a partition lawsuit. Maryland law gives courts authority to divide property in kind when feasible or to order a sale when division would be impracticable or inequitable. See Md. Code, Real Property §8-201 for the statutory framework: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=realp&section=8-201.

Detailed answer — how partition works in Maryland and what to expect

1. Who can bring a partition action?

Any co-owner with an ownership interest (for example, a tenant in common) may file a partition action in the Circuit Court for the county where the property lies. The court will determine ownership rights and then order a division of the property or a sale. If the property is owned as tenancy by the entirety (a special marital form of ownership), partition between spouses is generally not available; that situation needs separate legal analysis with a lawyer.

2. Filing a partition complaint — the basic steps

1. Confirm ownership and prepare documents: deed(s), mortgage(s), tax records, any written agreements between owners, and evidence of contributions (mortgage payments, taxes, improvements).
2. Hire an attorney (recommended): a Maryland real estate litigator will draft and file the complaint, handle service on the co-owner(s), and represent you at hearings.
3. File the complaint for partition in the Circuit Court where the property is located and serve the co-owner(s).
4. The court may set a schedule, require disclosures, and sometimes appoint commissioners or a master to investigate and propose a remedy.

3. Partition in kind versus sale

The court’s first option is to divide the property physically (partition in kind) if it is practical and fair. If physical division is not practicable or would cause substantial prejudice, the court can order a sale and divide the net proceeds. Maryland law authorizes partition and sale when required; see Md. Code, Real Property §8-201: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=realp&section=8-201.

4. What happens in a forced sale?

• The court sets terms for the sale. It may order a public auction or authorize a private sale under ordered terms.
• Liens and mortgages are paid out of sale proceeds first. Remaining proceeds are distributed among owners according to their ownership shares, adjusted for credits and debits (for mortgage payments, taxes, repairs, and improvements made by one owner).
• The court may appoint a commissioner, master, or trustee to carry out the sale and report back. The court will confirm the sale and oversee distribution.

5. What evidence and documentation matter?

Bring clear title documents, deeds, payment records for mortgage/taxes/insurance, receipts for improvements, appraisals, and any written agreements. The court allocates equitable credits or debits based on the parties’ proof of contributions and expenditures.

6. Timeline and cost

Partition suits typically take several months to more than a year, depending on complexity, whether the court orders appraisals or hearings, and the local court’s docket. Costs include court filing fees, attorney fees, appraisal and survey fees, and costs of sale. If you win, the court may allocate some costs against the proceeds, but you should be prepared to pay upfront for litigation.

7. If the co-owner refuses mediation

Refusing mediation does not stop a partition lawsuit. Courts often encourage settlement and may require mediation in some cases, but they also retain authority to proceed and to order sale or division. If your co-owner refuses, your practical options are:

• File a partition action and ask the court to order sale or division.
• Make a formal buyout offer or obtain a valuation and present a buyout agreement to the co-owner (if they accept, you avoid litigation).
• Explore court-ordered alternatives, such as appointment of a receiver or interim management of the property.

8. Special situations to watch for

• Mortgages/liens: these are paid off from sale proceeds in priority order.
• Occupying co-owner: the court can consider equitable credits for exclusive possession or failure to contribute to expenses.
• Tenancy by entirety (spouses): partition between spouses typically is not available unless there is a statutory or judicial exception—consult counsel.
• Minor co-owners or deceased owner’s heirs: the court may appoint guardians or personal representatives to protect their interests.

9. Hypothetical example (simple)

Imagine two siblings own a vacation house as tenants in common, 50/50. One sibling wants to sell but the other refuses to cooperate and will not mediate. The selling sibling files a partition action in the county Circuit Court. The court finds a physical division impracticable because the house is a single dwelling, orders a sale, appoints a commissioner to sell at public auction (or approves a private sale), pays off the mortgage and liens from the sale proceeds, deducts sale costs and court-ordered credits, and divides the remainder according to ownership shares, adjusted for any equitable credits.

Helpful Hints

• Confirm the form of ownership on the deed: tenant in common, joint tenancy, or tenancy by the entirety. The available remedies differ by ownership type.
• Gather title documents, mortgage and tax payment records, and receipts for improvements before filing. Good documentation improves the court’s ability to allocate credits fairly.
• Get a professional appraisal early to support a buyout offer or to help the court set fair terms.
• Consider making a reasonable buyout offer in writing before filing suit — it can save time and cost even if mediation is refused initially.
• Expect the court to prefer partition in kind if it’s practical. If the property can’t be divided (a single home on one lot), plan for sale procedures and timelines.
• Remember liens and mortgages come off the top. If you and the co-owner share mortgage responsibility, a sale proceeds distribution may still leave tax and credit consequences.
• Consult a Maryland real property attorney early. Although you can file pro se, attorneys know local practice, how judges handle partition suits, and how courts allocate credits and costs.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney–client relationship. Laws change and every case turns on its facts. For advice about your situation, consult a licensed Maryland attorney who handles partition and real property litigation.