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.
Maryland Complaint for Partition of Real Property is a legal document filed in Maryland courts to seek the division or sale of jointly owned real estate when co-owners are unable to reach an agreement on how to divide the property. This complaint aims to protect the rights of co-owners and provide a solution for resolving the issue of shared property ownership. Keywords: Maryland, Complaint for Partition, Real Property, legal document, jointly owned real estate, co-owners, division, sale, agreement, protect rights, shared property ownership. Types of Maryland Complaint for Partition of Real Property: 1. Partition in Kind: This type of complaint is filed when the co-owners agree on dividing the property physically, usually by drawing boundary lines or segregating portions of the property. In this scenario, each co-owner will receive their allotted portion of the property as determined by the court. 2. Partition by Sale: When co-owners cannot agree on a division plan, or if dividing the property is not feasible, this type of complaint seeks the sale of the property. The court will order a public auction or private sale, and the proceeds will be divided among the co-owners based on their ownership shares. 3. Forced Sale: In situations where the property cannot be divided or sold without substantial loss, co-owners may file a complaint for forced sale. This type of partition involves convincing the court that selling the property is the only viable solution, even if it might lead to a loss for the co-owners. The court will evaluate the circumstances and make a decision accordingly. 4. Accounting and Surcharge: A complaint for partition may also involve an accounting and surcharge claim. This occurs when one co-owner alleges that another co-owner mismanaged or misappropriated funds related to the property's ownership and seeks an order to hold them accountable for the financial damages caused. 5. Lien holders' Rights: If there are lien holders or mortgage holders with registered interests in the property, they have the right to assert their claims during the partition lawsuit. These parties will be given an opportunity to protect their interests and ensure their rights are preserved during the process. By utilizing the appropriate type of Maryland Complaint for Partition of Real Property based on the specific circumstances, co-owners can navigate the legal system to resolve disputes regarding joint property ownership effectively.
