Detailed Answer
Filing a partition action in Maryland requires you to ask the Circuit Court in the county where the property lies to divide or sell land co-owned by multiple parties. Below is a step-by-step guide under Maryland law.
Step 1: Confirm Your Standing
You must be a co-owner, heir, or legal representative of the property. Maryland Real Property Code §14-101 defines a “party in interest.” Md. Code Ann., Real Prop. §14-101.
Step 2: Gather Property Documentation
Collect deeds, title reports, surveys, and proof of ownership. A current boundary survey helps the court decide how to divide the property. Hire a licensed surveyor if necessary.
Step 3: Draft the Complaint for Partition
Under Maryland Rule 2-101, your complaint must include: identification of parties; legal description of the property; type of ownership (e.g., tenants in common); and relief sought (sale or physical division). Cite Real Prop. §14-102.
Step 4: File with the Circuit Court
Submit the complaint, cover sheet, and required filing fee at the clerk’s office of the Circuit Court where the property is located. The clerk will assign a case number.
Step 5: Serve Co-Owners and Interested Parties
Serve all co-owners, lienholders, and other parties in interest according to Maryland Rule 2-121. Afterwards, file a certificate of service with the court to prove proper notification.
Step 6: Preliminary Conference and Discovery
The court may schedule a case management conference. During discovery, exchange documents like surveys and title reports. You can explore settlement or agree on an amicable division.
Step 7: Appointment of a Commissioner or Surveyor
If co-owners cannot agree, the court appoints a commissioner to oversee the sale or recommend division. This process follows Real Prop. §14-105.
Step 8: Sale or Physical Division
The commissioner conducts a public auction or divides the land into parcels of equivalent value. Sale proceeds or divided parcels are distributed to co-owners based on their ownership percentage.
Step 9: Final Decree of Partition
Once the commissioner files a report, the court reviews it and issues a final decree. Record the decree with the county land records office to finalize the transfer.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Review local court rules for additional procedural requirements.
- Obtain a preliminary title search to identify liens or encumbrances.
- Consider mediation to resolve disputes and reduce legal costs.
- Budget for survey fees, filing fees, and commissioner’s fees.
- Keep co-owners informed and maintain clear communication throughout the process.