Can I force a sale or division of family land I own with siblings and their children?

Short answer: Under Maryland law, any co-owner of real property held as tenants in common or other undivided interest may ask a court to partition the property. If the court determines a fair physical division (partition in kind) is not practical, it can order the property sold and the proceeds divided among the owners. This process is called a partition action.

Detailed answer — How partition works in Maryland

Maryland law gives co-owners the right to seek a partition of real property. A partition action typically begins in the circuit court for the county where the land lies. The court can divide the land among the owners (partition in kind) if a practical, fair division exists. If the court finds division impractical or would substantially reduce value, it will order a public sale and divide the net sale proceeds according to each owner’s legal or equitable share.

Statutory and court procedures govern who may sue, how owners are notified, and how sale or division is handled. For statutory text and details about property rights under Maryland law, see Maryland Code, Real Property (partition provisions and related rules): Maryland Code — Real Property. For court forms and general self-help information from the Maryland Judiciary, see: Maryland Courts: Legal Help.

Who can file?

Any current owner with a legal interest (for example, a tenant in common) may file a complaint for partition. You must name all known co-owners and interested parties so the court can resolve everyone’s rights.

What proof and documents will you need?

Copies of deeds showing how title is held (who owns what percent or whether title is joint/tenants in common).
Title report or abstract (if available).
Mortgage, tax, and expense records (who paid what and when).
Communications among owners about use, repairs, or attempts to sell.
Plat or survey if you have one; photographs and descriptions of the property.

What does the court consider?

The court looks at whether it can divide the land without substantially harming value or the reasonable use of each portion. If a fair division is impractical, the court usually orders sale. The court also considers contributions by each owner (mortgage payments, taxes, improvements) and may adjust distributions or order an accounting.

Typical steps in a Maryland partition action

Prepare and file a complaint for partition in the appropriate circuit court naming all co-owners and interested parties.
Serve process on defendants to notify them of the suit.
The court may appoint a commissioner or master to examine the property, decide whether partition in kind is feasible, and recommend division or sale.
If the property is to be sold, the commissioner supervises a public sale (often at auction) or private sale under court supervision, then reports sale results to the court.
The court confirms the sale, deducts costs (attorneys’ fees, taxes, commission, liens) and orders distribution of net proceeds among owners according to shares or as justice requires.

Costs, timeline, and outcomes

Costs include court filing fees, service fees, appraisal and survey fees, costs of sale (advertising, auctioneer), and possibly attorneys’ fees. A contested partition with complex issues (title disputes, liens, numerous heirs) can take many months or over a year. An uncontested case or one where the parties consent to sale can be faster.

Alternatives to court

Before filing, try these options to avoid litigation:

Negotiate a buyout: one co-owner buys the others’ interests at an agreed price.
Agree to sell the property privately and split proceeds.
Mediation: a neutral mediator can help break deadlocks and reach a fair settlement.
Partition by agreement: owners can sign a written agreement specifying division or sale procedures to avoid court involvement.

Practical tips and examples

Example fact pattern: Four siblings own a 40-acre parcel as tenants in common. Two siblings want to sell; two want to keep their portion. If the land divides into reasonably sized, usable lots, the court might allocate separate parcels. If dividing would render lots unusable or reduce value (e.g., single-lot access to road, shared improvements), the court will likely order a sale and split proceeds after expenses and lien satisfaction.

Adjustments for payments: If one sibling paid the mortgage and taxes for years, the court may credit that sibling before dividing the remaining proceeds. Keep good records of who paid what.

When to retain a Maryland attorney

Consider hiring a Maryland real estate litigator when there are:

Disputes over ownership shares or title defects.
Liens, mortgages, or tax issues on the property.
Many heirs or complex family ownership chains.
Potential for major disagreement over division vs. sale.

An attorney can prepare the complaint, locate heirs, handle service, propose equitable distributions, and represent you in court. If cost is a concern, ask about limited-scope representation or an initial consultation to plan next steps.

Helpful hints

Gather all deeds, title info, tax bills, mortgage statements, and proof of payments before you file.
Try a written buyout offer first — it’s often less expensive and faster than court.
Document communications with co-owners. Clear records help courts credit payments and contributions.
Get a current appraisal and, if possible, a recent survey or plat to show division feasibility.
Include all potential owners and heirs in the action. Missing parties can delay or void parts of a case.
Consider mediation or collaborative settlement early; courts often encourage resolving disputes without sale by public auction.
Ask the court about appointing a neutral commissioner. Commissioners can produce practical division plans and manage sales under supervision.
Check local circuit court rules and filing forms. The Maryland Judiciary site (https://www.courts.state.md.us) offers guidance for filing civil actions.

Next practical steps: Start by collecting deeds and title information. Talk with co-owners about options, and attempt a negotiated resolution. If negotiations fail, consult a Maryland real estate attorney for a case review and next steps for filing a partition action in the appropriate circuit court.

Disclaimer: This article explains general Maryland law about partition actions and is for educational purposes only. It is not legal advice. For advice specific to your facts, consult a licensed Maryland attorney.