How to File a Partition Lawsuit in Maryland: Step-by-Step Guide
Detailed Answer This section explains how co-owners can force a division or sale of real property in Maryland when they cannot agree. It covers practical steps, the court process, what a court can order, and how proceeds and debts are handled. This is an educational overview and not legal advice. Who may file and where […]
Read article →Filing a Partition Action in Maryland to Force Sale of an Inherited Interest
FAQ — Partition Actions in Maryland: Forcing Sale of an Inherited Interest Short answer: In Maryland, a co-owner (including someone who inherits an interest) can ask the Circuit Court for a partition action to divide property or force a sale when division in kind is impractical. The case is filed in the circuit court where […]
Read article →Maryland: Appointing a Commissioner for a Private Sale in a Partition Action — FAQ
Can a Maryland court appoint a commissioner to oversee a private sale in a partition action? Short answer: Yes — in Maryland a party in a partition action can ask the court to appoint a commissioner (sometimes called a special commissioner or master) to manage the sale of real property, including arranging a private sale […]
Read article →Maryland: Negotiating a Buyout with a Co-Owner Instead of Partition in Court
Can you negotiate a buyout of your share with a co-owner instead of going to court under Maryland law? Short answer: Yes. In Maryland, co-owners may negotiate a private buyout at any time and avoid court. A voluntary buyout is usually faster, less expensive, and gives both parties more control than a partition action. However, […]
Read article →Maryland: Forcing a Sale of Inherited Co-Owned Land — What You Need to Know
Detailed answer — forcing a sale of inherited, co-owned land under Maryland law When several heirs inherit a parcel of land as co-owners, any one co-owner can usually ask a court to divide the property or order it sold and the proceeds split. In Maryland this is done through a partition action in the Circuit […]
Read article →Maryland: Asserting a Right of Survivorship to Claim Foreclosure Surplus Funds
Can I Assert a Right of Survivorship on a Deed to Claim More of Foreclosure Surplus Funds? Detailed Answer — How survivorship rights affect surplus funds in Maryland Short answer: possibly — but timing, deed language, and the foreclosure process matter. In Maryland, a recorded deed that creates a joint tenancy with right of survivorship […]
Read article →How to Arrange a Property Survey for Co-Owned Land in Maryland
Can I arrange a property survey for land I co-own with a sibling? Short answer Yes. You can arrange a survey of jointly owned property in Maryland. The preferred path is to work cooperatively with your co‑owner: agree on the scope, select and hire a licensed Maryland surveyor, share documents and costs, and allow access […]
Read article →Maryland: Can Multiple Heirs Keep the Family Home Instead of Selling It?
Can multiple heirs keep the family home instead of selling it? Short answer: Yes—often heirs can keep the house, but doing so requires agreement among co-owners or a legal and financial plan. If heirs cannot agree, a co‑owner may force a court to sell the property through a partition action. This article explains common paths […]
Read article →Property Survey Cost Responsibility for Co-Owners in Maryland
Detailed Answer Short answer: Unless co-owners have an agreement that says otherwise, each co-owner is generally responsible for a fair share of costs for a property survey. If owners cannot agree, the owner who wants the survey usually pays up front. If the dispute leads to a court action (for example, a partition or boundary […]
Read article →Maryland: Partition Actions When a Co-Owner Has a Court-Appointed Guardian
How partition cases work when a co-owner has a court-appointed guardian in Maryland Short answer: In Maryland, a partition action can proceed when one co-owner has been adjudicated incapacitated and has a court-appointed guardian. The guardian stands in for the incapacitated co-owner and must be served and allowed to defend the ward’s property interests. The […]
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