Maryland Agreement to Partition Real Property Between Children of Decedent

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Multi-State
Control #:
US-1190BG
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Word; 
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Description

Partition is the division between two or more persons of real or personal property held by them in common ownership. The division can take place between joint tenants or tenants in common.
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FAQ

THIS SUBTITLE MAY BE CITED AS THE MARYLAND UNIFORM PARTITION OF HEIRS PROPERTY ACT. [14?107. (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.

THIS SUBTITLE MAY BE CITED AS THE MARYLAND UNIFORM PARTITION OF HEIRS PROPERTY ACT. [14?107. (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.

A partition action lawsuit occurs when joint owners cannot agree on a property's future. A partition lawsuit can also occur when a single property owner passes away and their heirs cannot agree on what to do with it.

The partition by sale can be ordered to occur through a private sale, public auction or by listing the property with help from a licensed real estate broker. Partition by Kind: The court orders the physical division of property so that each co-owner receives an undivided interest in their portion of the property.

?Right of survivorship? means that a surviving co-owner can take ownership of the deceased co-owner's share of the property. ?Undivided interest? means that each owner has an equal right to use and enjoy the entire property. However, no individual has an exclusive right to any specific part of the property.

Parties may be compelled to partition or sell land 2 (1) All joint tenants, tenants in common, coparceners, mortgagees or other creditors who have liens on, and all parties interested in any land may be compelled to partition or sell the land, or a part of it as provided in this Act.

The Uniform Partition of Heirs Property Act governs the partition of inherited property. The purpose of the Act is to protect heirs from unscrupulous speculators who acquire a small partial interest in real property owned by a group of heirs and then force the sale of the property at a below-market price.

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Maryland Agreement to Partition Real Property Between Children of Decedent