Maryland Complaint for Partition of Real Property

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US-02663BG
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Description

A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.


A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.

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FAQ

Given that the right for a co-owner to partition is an absolute right, it is inconsistent to have the statute of limitations bar relief to that right, and therefore the statute of limitations never bars relief between tenant-in-common in a partition action. (Adams v. Hopkins (1904) 144 Cal. 19, 27.)

Maryland Real Property §3-104(f)(1) requires an attorney to certify that any deed, mortgage or deed of trust has been prepared by an attorney or under an attorney's supervision, or a certification that the instrument was prepared by one of the parties named in the instrument, in order to record the instrument. Maryland Real Estate Practices - Virtual Underwriter virtualunderwriter.com ? real-estate-practices virtualunderwriter.com ? real-estate-practices

If you want to sell the property, you win by pressuring a voluntary sale or by obtaining a court order for sale. If you want to STOP a sale, you win through a buyout or by convincing the other owners to halt the partition action. Forced Sale of Jointly Owned Property (Partition Action) - Attorney's Guide jonespropertylaw.com ? forced-sale-of-jointly-ow... jonespropertylaw.com ? forced-sale-of-jointly-ow...

(a) A circuit court may decree a partition of any property, either legal or equitable, on the bill or petition of any joint tenant, tenant in common, parcener, or concurrent owner, whether claiming by descent or purchase. Senate Bill 92 Chapter - Maryland General Assembly Maryland General Assembly (.gov) ? Chapters_noln Maryland General Assembly (.gov) ? Chapters_noln PDF

In other words, a sale in lieu of partition is an action that divides a property fairly between the owners by means of a sale. This happens when one owner of a property wants to sell and the other doesn't or when there is a disagreement between the owners as to how much one will pay the other.

It is worth noting that there are always exceptions. It is entirely possible for complex cases to be resolved faster than those with more simple terms. While the process will vary from case to case, it is reasonable to expect a partition action to take anywhere from 18 months to 24 months.

A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of ?Partition?.

A partition suit is an effective remedy for resolving real estate ownership disputes, particularly ones in which co-owners cannot agree on whether to sell or keep a piece of property. How to Win a Partition Action - Keystone Law Group keystone-law.com ? how-to-win-partition-action keystone-law.com ? how-to-win-partition-action

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Maryland Complaint for Partition of Real Property