Detailed answer — what a partition action does and how it starts

A partition action is a civil lawsuit that asks a Maryland circuit court to divide or sell real property when co-owners cannot agree on use, division, or sale. In Maryland, co-owners (tenants in common, joint tenants, or other co-owners) who cannot reach an agreement can ask the court either to physically divide the property (“partition in kind”) or to order a sale and divide the proceeds (“partition by sale”). Courts prefer partition in kind when it is practical; when not, the court can order a sale and distribute net proceeds among the owners based on their ownership shares.

Start by filing a complaint for partition in the circuit court for the county where the property is located. The complaint should identify the property, list all recorded owners and interested parties, state each owner’s claimed interest or share, and request partition in kind or sale. The court will require that all co-owners and other parties with recorded interests (liens, mortgagees, judgment lien holders) be joined or given notice so they can respond.

After filing, the court process typically includes civil pleadings, service of process on all parties, possible motions (for temporary possession or to preserve the property), and potentially a hearing or trial. If the court orders partition by sale, the judge often appoints a commissioner (sometimes called a master or auditor) to oversee the sale. The commissioner conducts the sale according to the court’s directions, pays liens and expenses from the sale proceeds, and reports the results to the court. The judge then signs an order distributing the remaining funds to the owners according to their legal shares.

Primary Maryland legal resources and practical procedural information can be found on the Maryland Judiciary site (self-help and circuit court pages): https://www.mdcourts.gov/legalhelp and the circuit court pages: https://www.mdcourts.gov/circuit. The statutes that govern real property and related remedies are available from the Maryland General Assembly’s code site; search the Real Property article for partition provisions: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=rp.

Important: This is general informational material and not legal advice. Consult a Maryland attorney before filing or responding to a partition action.

Step-by-step: How to start a partition action in Maryland

1. Confirm co-ownership and title records. Obtain the deed(s) and a current title search (or copy of the land records entry) to identify all owners and any recorded liens, mortgages, or other interests. The Maryland land records are maintained by the clerks of the circuit courts; contact the clerk where the property sits for copies or searches.
2. Decide the relief to request. Most complaints request the court allow partition in kind if feasible and, alternatively, partition by sale if physical division is impractical. Consider whether you want temporary relief (possession, rents, or to prevent waste) while the case proceeds.
3. Draft and file a complaint for partition in circuit court. File in the circuit court for the county where the property is located. The complaint must identify the property, allege who owns what share, name all necessary parties, and state the requested relief (division or sale). Ask the circuit court clerk for local filing rules and required forms.
4. Serve all co-owners and lienholders. Maryland law requires that all persons with an interest in the property be served with notice of the lawsuit so they can appear and assert rights. Service rules follow Maryland Rules for civil process; the clerk’s office can explain how to serve out-of-state or unknown parties.
5. Attend hearings and respond to motions. Opposing parties may file answers, counterclaims, or motions (for example, to strike, for a temporary injunction, or for appointment of a receiver). Be prepared for mediation or settlement conferences—courts often encourage negotiating a buyout or agreed sale.
6. If ordered, a commissioner manages division or sale. The court may appoint a commissioner to value, divide, and/or sell the property. The commissioner’s report goes back to the court for approval and distribution of proceeds according to liens and ownership shares.
7. Obtain final order and distribute proceeds. After sale and payment of expenses and liens, the court signs a final order distributing net proceeds to the owners by share. If a partition in kind is done, the court issues deeds or directives to implement the division.

What to expect: timeline, costs, and outcomes

Time: Partition cases can take months to more than a year depending on complexity, disputes, title issues, mortgage/lien resolution, and whether the court orders a sale.

Costs: Expect court filing fees, service fees, attorney fees (if you hire counsel), costs for appraisals and surveys, commissioner or real estate agent fees if the court orders a sale, and costs to satisfy liens or taxes. The court may allocate costs among the parties but often charges come out of the sale proceeds.

Possible outcomes:

• Partition in kind: the property is physically divided among owners.
• Partition by sale: property sold and proceeds shared by ownership share after paying liens and expenses.
• Buyout/settlement: one owner buys out others, avoiding sale.

Common complications and how courts treat them

• Mixed-use or single-family properties that cannot be physically divided commonly result in partition by sale.
• Mortgages and liens are paid from sale proceeds before owners receive net proceeds; lienholders must be notified and may appear in the action.
• Adverse possession, prescriptive rights, or unrecorded agreements can complicate ownership claims—evidence and title records matter.
• Requests for temporary possession, rent allocation, or to prevent waste require specific motions and proof.

Helpful Hints

• Before filing, explore settlement: mediation or a negotiated buyout often saves time and money.
• Get an accurate title search early to identify all interested parties and possible encumbrances.
• Order a professional appraisal and, if needed, a survey to support valuation and division requests.
• If you need money from the property while the case is pending, consider asking the court for a partition receiver or for temporary rent allocation.
• Keep thorough records of payments toward mortgage, taxes, repairs, or improvements; the court may consider contributions when allocating costs or reimbursements.
• Talk to a Maryland real estate attorney early if there are complex title issues, multiple lienholders, business entities as owners, or disputes about equitable claims.
• Use the Maryland Judiciary self-help pages and the circuit court clerk’s office to learn filing steps and forms: https://www.mdcourts.gov/legalhelp.