Detailed Answer
Partition actions in Maryland allow co-owners of real property to divide the land (partition in kind) or sell it and split the proceeds when they cannot agree on its use or disposition. Maryland law governs these procedures under Md. Code, Real Property § 15-101 et seq. (Real Prop. § 15-101). Below are the core steps to initiate or consent to a partition action before a court-appointed commissioner.
- File a Complaint for Partition
• The petitioner (a co-owner) files a complaint in the Circuit Court of the county where the property lies.
• The complaint must name all co-owners and describe each owner’s interest in the property.
• Cite the statutory basis: Real Property § 15-103 (§ 15-103). - Serve All Parties
• After filing, serve the summons and complaint on every co-owner.
• Proper service gives the court jurisdiction over all interested parties.
• If any owner is out of state or absent, follow Maryland Rule 2-121 for out-of-state service. - Request Appointment of a Commissioner
• In the same complaint or by motion, ask the court to appoint a commissioner to conduct the partition.
• Upon finding grounds for partition, the court will enter an order appointing the commissioner.
• Statute reference: Real Property § 15-203 (§ 15-203). - Commissioner’s Notice and Meeting
• The commissioner mails a notice to all parties specifying the time and place to consider the partition.
• The notice period gives co-owners an opportunity to propose arrangements or object.
• This procedure aligns with Real Property § 15-205 (§ 15-205). - Partition In Kind or Sale
• At the meeting, co-owners may agree to divide the property according to metes and bounds (in kind) or sell it at public auction.
• If they agree, the commissioner drafts a written report detailing the division or sale terms.
• If they cannot agree, the commissioner proceeds with sale at public auction. - Commissioner’s Report and Court Decree
• The commissioner files a final report with the court describing the partition or sale results.
• The court reviews and enters a decree confirming the partition or directing the sale and distribution of proceeds.
• Distribution follows each owner’s proportionate share. - Consent to Partition Without Litigation
• Co-owners may bypass filing a complaint by submitting written consent to the commissioner.
• The written consent must specify the method of partition (in kind or sale).
• File the consents with the court and commissioner under Real Property § 15-204 (§ 15-204).
• The commissioner follows the agreed plan and submits a report for court approval.
Disclaimer: This article provides general information on Maryland partition actions. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Identify all co-owners and their current addresses before filing.
- Check county land records for accurate property descriptions.
- Consider mediation to avoid litigation costs.
- Review local court filing fees and procedure requirements.
- Keep detailed records of all notices and service attempts.
- Discuss potential tax implications of a sale with a tax advisor.