Detailed Answer
When multiple heirs inherit real property under Maryland law, each heir usually owns a share of the property as a co-owner (often a tenant in common). A co-owner has a legal right to possession of the whole property, but not a right to exclude the other co-owners from their share of ownership. If one heir lives on the property and refuses to move out or refuses to cooperate in selling the property, the other heirs have several legal and practical options. Below is a plain-language explanation of those options and what to expect.
1. Confirm ownership and the occupant’s status
First, determine whether the person living in the house is actually a co-owner (an heir on title or beneficiary under the estate) or a non-owner occupant (a tenant, licensee, or trespasser). Your remedies differ:
- If the person is a co-owner, you generally cannot simply evict them like a tenant. Co-owners have a right to possession and may lawfully live on the property unless a court orders otherwise.
- If the person is not a co-owner (they have no title or will beneficiary rights), you may be able to remove them through Maryland’s eviction/forcible detainer procedures (typically in District Court).
2. Negotiate a buyout or voluntary sale
The least costly and fastest path is agreement. Common solutions include:
- One heir buys the other heir’s share (buyout) based on an agreed appraisal or market value.
- All owners agree to list and sell the property and split net proceeds according to each heir’s share.
- Enter a short, written occupancy agreement where the occupant pays fair rent or covers utilities and maintenance while a sale is arranged.
3. Partition action in Maryland circuit court
If negotiation fails, a co-owner can file a civil action for partition in the Maryland Circuit Court where the property sits. A partition is the standard remedy when co-owners cannot agree. Key points:
- What the court can order: The judge can order:
- Partition in kind — physically divide the land into separate parcels (rare for houses on a single lot).
- Partition by sale — order a public sale of the property and distribute proceeds to owners by their shares (most common for residential property).
- Possession and rents: The court may appoint a receiver to collect rents and preserve the property, and it can order the occupant to account for and pay rent to the other owners if the occupant has improperly excluded them from possession.
- Costs and outcomes: The court often orders that the costs of the partition action (court costs, sale expenses, and sometimes attorney fees) be paid from the sale proceeds before distribution. The timeline varies, but partition litigation can take several months to over a year depending on complexity.
4. If the occupant is not a co-owner: eviction/forcible detainer
If the person occupying the property is not an owner (for example, a relative who stayed after probate closed but was not given title), you may pursue forcible detainer/eviction through Maryland’s District Court or other appropriate local court. Maryland’s landlord-tenant and forcible-detainer procedures require notice and a court hearing; you should not use self-help eviction (changing locks or removing possessions) because that can expose you to liability.
5. Other legal remedies
- Accounting and rent: Co-owners who exclude others may be required to pay an accounting for the value of occupation (rent), taxes, or ordinary expenses.
- Injunctions or requests for exclusive possession: In rare circumstances where a co-owner’s conduct is harmful (waste, intentional damage), a court can enter injunctive relief or order exclusive possession pending sale.
- Receiver: A court can name a receiver to manage, rent, maintain, or prepare the property for sale while litigation proceeds.
6. Practical things to expect
- Litigation costs: Partition litigation and any contested accounting or injunctive relief can be expensive. Weigh expected recovery against legal costs.
- Time: Courts move slowly; allow months to a year or more for contested partition cases.
- Evidence needed: Deeds, the will or probate records, tax bills, mortgage statements, and documentation of who has occupied and maintained the property will help your case.
Helpful Hints
- Document everything. Keep written records of communications, offers, payments, and who is living in and maintaining the property.
- Get a professional market appraisal or broker price opinion before offering a buyout or listing the property for sale—this protects you during negotiations and in court.
- Try mediation first. Courts often favor settlement, and mediation is usually faster and cheaper than litigation.
- Do not forcibly remove the occupant yourself (no lock changes, moving personal property, or threats). Illegal self-help can create legal liability and undo your position in court.
- Consider a temporary occupancy agreement. If you must, put into writing an agreement for occupancy terms (rent, utilities, maintenance, duration) to avoid ambiguity and to support later claims for rent or damages.
- Be realistic about costs. If the property needs repairs or has a mortgage, sale proceeds may be limited once liens and expenses are paid.
- Talk to a Maryland probate or real estate attorney early. A lawyer can explain whether your case is best handled by partition, accounting, eviction, or negotiated buyout and can help gather the right documents.
Next Steps
- Check title and probate records to confirm who owns what share.
- Try a written demand: propose a buyout, sale, or occupancy terms in writing and set a reasonable deadline.
- If negotiation fails, consult an attorney to evaluate filing a partition action or, if the occupant lacks title, a forcible detainer action.
- If you proceed to court, prepare documentation: deed, will/probate records, repairs, taxes, and any evidence of exclusion or waste.
Resources
- Maryland Courts main site: https://www.mdcourts.gov/
- Maryland Courts — information on wills, probate, and estate matters: https://www.mdcourts.gov/legalhelp/wills
- Maryland Courts — landlord/tenant & forcible detainer self-help information (useful if the occupant is not an owner): https://www.mdcourts.gov/legalhelp/selfhelp/landlordtenant
Disclaimer: This information is educational and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation in Maryland, consult a licensed Maryland attorney.