LAWRENCE J. HOGAN, JR., Governor Ch. 402
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Chapter 402
(Senate Bill 92)
AN ACT concerning
Maryland Uniform Partition of Heirs Property Act
Real Property – Partition of Property
FOR the purpose of requiring the court in an action to partition real property to determine
whether the property is heirs property for the purpose of partition of the property
among certain cotenants and if so, to determine the market value of the property
unless the court makes certain determinations; establishing procedures for the
purchase of interests in heirs real property by cotenants, for the partition in kind of
heirs real property among cotenants, and for the partition by sale of heirs real
property on the open market by a real estate broker licensed in this State; and
generally relating to the partition of heirs real property.
BY repealing and reenacting, with amendments,
Article – Estates and Trusts
Section 9–107
Annotated Code of Maryland
(2017 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Real Property
Section 14–107
Annotated Code of Maryland
(2015 Replacement Volume and 2021 Supplement)
BY adding to
Article – Real Property
Section 14–701 through 14–713 to be under the new subtitle “Subtitle 7. Maryland
Uniform Partition of Heirs Property Act Partition of Real Property”
Annotated Code of Maryland
(2015 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Estates and Trusts
9–107.
(a) (1) When two or more heirs or legatees are entitled to distribution of
undivided interests in property of the estate, the personal representative or one or more of Ch. 402 2022 LAWS OF MARYLAND
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the heirs or legatees may petition the court before the formal or informal closing of the
estate, to make partition.
(2) After notice to the interested heirs or legatees AND SUBJECT TO THE
REQUIREMENTS OF TITLE 14, SUBTITLE 7 OF THE REAL PROPERTY ARTICLE, the
court shall partition the property in the same manner as provided by law for civil actions
of partition.
(b) The court may direct the personal representative to sell property which cannot
be partitioned without prejudice to the owners and cannot conveniently be allotted to one
party.
Article – Real Property
14–107.
(a) (1) [A] SUBJECT TO THE REQUIR EMENTS OF SUBTITLE 7 OF THIS
TITLE, 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.
(2) If [it appears that] the property cannot be divided without loss or injury
to the parties [interested], the court may decree its sale and divide the money resulting
from the sale among the parties according to their respective rights.
(3) The right to a partition or sale includes the right to a partition or sale
of any separate lot or tract of property, and the bill or petition need not pray for a partition
of all the lots or tracts.
(b) This section applies regardless of whether any party, plaintiff, or defendant is
a minor, disabled, or a nonresident.
(c) (1) A sale and deed made [pursuant to] UNDER an order of the court in the
exercise of the power provided in this section is good and sufficient at law to transfer
property of the person.
(2) A deed executed [in exercise of the above power provided in] UNDER
this section shall be executed by the person the court appoints for the purpose.
(d) (1) If any bill or petition is filed under the provisions of this section for the
sale of property, any person holding a mortgage, other encumbrance on the property, or an
undivided interest in the property may be made a party to the bill, and the property shall
be sold free and clear of the mortgage or other encumbrance. [However]
LAWRENCE J. HOGAN, JR., Governor Ch. 402
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(2) NOTWITHSTANDING THE R EQUIREMENTS OF PARAG RAPH (1) OF
THIS SUBSECTION , the rights of a lienor shall be protected in the distribution of the
proceeds of the sale.
SUBTITLE 7. MARYLAND UNIFORM PARTITION OF HEIRS PROPERTY ACT.
14–701.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “ASCENDANT” MEANS AN INDIVIDUAL WHO PR ECEDES ANOTHER
INDIVIDUAL IN LINEAG E, IN THE DIRECT LINE O F ASCENT FROM THE OT HER
INDIVIDUAL.
(C) “COLLATERAL” MEANS AN INDIVIDUAL WHO IS RELATED TO AN OTHER
INDIVIDUAL UNDER THE LAW OF INTESTATE SUC CESSION OF THIS STATE BUT WHO
IS NOT THE OTHER INDIVIDU AL’S ASCENDANT OR DESCE NDANT.
(D) “DESCENDANT” MEANS AN INDIVIDUAL WHO FOLLOWS ANOTHER
INDIVIDUAL IN LINEAG E, IN THE DIRECT LINE O F DESCENT FROM THE O THER
INDIVIDUAL.
(E) “DETERMINATION OF VALU E” MEANS A COURT ORDER DETERMINING
THE FAIR MARKET VALUE OF HEIRS PROPERTY UNDER § 14–705 OR § 14–709 OF THIS
SUBTITLE OR ADOPTING THE VALUATION OF THE PROPERTY AGREED TO B Y ALL
COTENANTS.
(F) “HEIRS PROPERTY ” MEANS REAL PROPERTY HELD IN TENANCY IN
COMMON THAT SATISFIE S THE FOLLOWING REQU IREMENTS AS OF THE FILIN G OF A
PARTITION ACTION :
(1) THERE IS NO AGREEMENT IN A RECORD BINDING ALL THE
COTENANTS THAT GOVER NS THE PARTITION OF THE PROPERTY ;
(2) ONE OR MORE OF THE CO TENANTS ACQUIRED TIT LE FROM A
RELATIVE, WHETHER LIVING OR DE CEASED; AND
(3) ANY OF THE FOLLOWING APPLIES:
(I) 20% OR MORE OF THE INTER ESTS ARE HELD BY COT ENANTS
WHO ARE RELATIVES ;
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(II) 20% OR MORE OF THE INTER ESTS ARE HELD BY AN
INDIVIDUAL WHO ACQUI RED TITLE FROM A REL ATIVE, WHETHER LIVING OR
DECEASED; OR
(III) 20% OR MORE OF THE COTEN ANTS ARE RELATIVES .
(G) “PARTITION BY SALE ” MEANS A COURT –ORDERED SALE OF THE ENTIRE
HEIRS PROPERTY , WHETHER BY AUCTION , SEALED BIDS, OR OPEN–MARKET SALE
CONDUCTED UNDER § 14–709 OF THIS SUBTITLE.
(H) “PARTITION IN KIND” MEANS THE DIVISION OF HEIR S PROPERTY INTO
PHYSICALLY DISTINCT AND SEPARATELY TITLE D PARCELS.
(I) “RECORD” MEANS INFORMATION TH AT IS INSCRIBED ON A TANGIBLE
MEDIUM OR THAT IS ST ORED IN AN ELECTRONI C OR OTHER MEDIUM AN D IS
RETRIEVABLE IN PERCE IVABLE FORM.
(J) “RELATIVE” MEANS AN ASCENDANT , A DESCENDANT , OR A COLLATERAL
OR AN INDIVIDUAL OTH ERWISE RELATED TO AN OTHER INDIVIDUAL BY BLOOD,
MARRIAGE, ADOPTION, OR LAW OF THIS STATE OTHER THAN THIS SUBTITLE.
14–702.
(A) (1) IN AN ACTION TO PARTI TION REAL PROPERTY U NDER § 14–107 OF
THIS TITLE, THE COURT SHALL DETE RMINE WHETHER THE PR OPERTY IS HEIRS
PROPERTY.
(2) IF THE COURT DETERMIN ES THAT THE PROPERTY IS HEIRS
PROPERTY, THE PROPERTY SHALL B E PARTITIONED UNDER THIS SUBTITLE UNLESS
ALL OF THE COTENANTS AGREE OTHER WISE IN A RECORD .
(B) THIS SUBTITLE SUPPLEM ENTS § 14–107 OF THIS TITLE AND , IF AN
ACTION IS GOVERNED B Y THIS SUBTITLE, REPLACES PROVISIONS OF § 14–107 OF
THIS TITLE THAT ARE INCONSISTENT WITH TH IS SUBTITLE.
14–703.
(A) THIS SUBTITLE DOES NO T LIMIT OR AFFECT THE METHOD BY WHICH
SERVICE OF A COMPLAI NT IN A PARTITION AC TION MAY BE MADE .
(B) (1) IF THE PLAINTIFF IN A PARTITION ACTION SEE KS NOTICE BY
PUBLICATION AND THE COURT DETERMINES THA T THE PROPERTY MAY B E HEIRS
PROPERTY, THE PLAINTIFF , NOT LATER THA N 10 DAYS AFTER THE COURT ’S LAWRENCE J. HOGAN, JR., Governor Ch. 402
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DETERMINATION , SHALL POST AND MAINT AIN WHILE THE ACTION IS PENDING A
CONSPICUOUS SIGN ON THE PROPERTY THAT IS THE SUBJECT OF THE A CTION.
(2) THE SIGN SHALL STATE THAT THE ACTION HAS COMMENCED AND
IDENTIFY THE NAME AN D ADDRESS OF THE COURT AND T HE COMMON DESIGNATIO N
BY WHICH THE PROPERT Y IS KNOWN.
(3) THE COURT MAY REQUIRE THE PLAINTIFF TO PUB LISH ON THE
SIGN THE NAME OF THE PLAINTIFF AND THE KN OWN DEFENDANTS .
14–704.
IF THE COURT APPOINTS COMMISSIONERS UNDER THE MARYLAND RULES,
EACH COMMISSIONER , IN ADDITION TO THE R EQUIREMENTS AND
DISQUALIFICATIONS AP PLICABLE TO COMMISSI ONERS UNDER THE MARYLAND
RULES, MUST BE DISINTERESTE D AND IMPARTIAL AND NOT A PARTY TO OR A
PARTICIPANT IN THE A CTION.
14–705.
(A) EXCEPT AS PROVIDED IN SUBSECTIO NS (B) AND (C) OF THIS SECTION, IF
THE COURT DETERMINES THAT THE PROPERTY TH AT IS THE SUBJECT OF A
PARTITION ACTION IS HEIRS PROPERTY , THE COURT SHALL DETE RMINE THE FAIR
MARKET VALUE OF THE PROPERTY BY ORDERING AN APPRAISAL IN ACCORDANCE
WITH SUBSECTION (D) OF THIS SECTION.
(B) IF ALL COTENANTS HAVE AGREED TO THE VALUE OF THE PROPERTY OR
TO ANOTHER METHOD OF VALUATION, THE COURT SHALL ADOP T THAT VALUE OR
THE VALUE PRODUCED B Y THE AGREED METHOD OF VALUATION .
(C) IF THE COURT DETERMINES THAT THE EVIDENTIARY VALUE OF AN
APPRAISAL IS OUTWEIG HED BY THE COST OF T HE APPRAISAL, THE COURT, AFTER
AN EVIDENTIARY HEARI NG, SHALL DETERMINE THE FAIR MARKET VALUE OF THE
PROPERTY AND SEND NO TICE TO THE PARTIES OF THE VALUE.
(D) (1) IF THE COURT ORDERS AN APPRA ISAL, THE COURT SHALL
APPOINT A DISINTERES TED REAL ESTATE APPR AISER LICENSED IN TH E STATE TO
DETERMINE THE FAIR M ARKET VALUE OF THE P ROPERTY ASSUMING SOL E
OWNERSHIP OF THE FEE SIMPLE ESTATE .
(2) ON COMPLETION OF THE APPRAISAL, THE APPRAISER SHALL FILE
A SWORN OR VERIFIED APPRAISAL WITH THE C OURT.
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(E) IF AN APPRAISAL IS CO NDUCTED UNDER SUBSEC TION (D) OF THIS
SECTION, NOT LATER THAN 10 DAYS AFTER THE APPRA ISAL IS FILED, THE COURT
SHALL SEND NOTICE TO EACH PARTY WITH A KN OWN ADDRESS , STATING:
(1) THE APPRAISED FAIR MA RKET VALUE OF THE PR OPERTY;
(2) THAT THE APPRAISAL IS AVAILABLE AT THE OFF ICE OF THE
CLERK; AND
(3) THAT A PARTY MAY FILE WITH THE COURT AN OB JECTION TO THE
APPRAISAL NOT LATER THAN 30 DAYS AFTER THE NOTIC E IS SENT, STATING THE
GROUNDS FOR THE OBJE CTION.
(F) (1) IF AN APPRAISAL IS FI LED WITH THE COURT U NDER SUBSECTION
(D) OF THIS SECTION, THE COURT SHALL COND UCT A HEARING TO DET ERMINE THE
FAIR MARKET VALUE OF THE PROPERTY NOT SOO NER THAN 30 DAYS AFTER A COPY
OF THE NOTICE OF THE APPRAISAL IS SENT TO EACH PARTY UNDER SUB SECTION (E)
OF THIS SECTION , WHETHER OR NOT AN OB JECTION TO THE APPRA ISAL IS FILED
UNDER SUBSECTION (E)(3) OF THIS SECTION.
(2) IN ADDITION TO THE CO URT–ORDERED APPRAISAL , THE COURT
MAY CONSIDER ANY OTHER EVIDEN CE OF VALUE OFFERED BY A PARTY.
(G) AFTER A HEARING UNDER SUBSECTION (F) OF THIS SECTION , BUT
BEFORE CONSIDERING T HE MERITS OF THE PAR TITION ACTION, THE COURT SHALL
DETERMINE THE FAIR M ARKET VALUE OF THE P ROPERTY AND SEND NOT ICE TO THE
PARTIES OF THE VALUE .
14–706.
(A) IF ANY COTENANT REQUE STED PARTITION BY SA LE, AFTER THE
DETERMINATION OF VAL UE UNDER § 14–705 OF THIS SUBTITLE , THE COURT SHALL
SEND NOTICE TO THE P ARTIES THAT ANY COTE NANT, EXCEPT A COTENANT TH AT
REQUESTED PARTITION BY SALE, MAY BUY ALL THE INTE RESTS OF THE COTENAN TS
THAT REQUESTED PARTI TION BY SALE.
(B) NOT LATER THAN 45 DAYS AFTER THE NOTIC E IS SENT UNDER
SUBSECTION (A) OF THIS SECTION , ANY COTENANT , EXCEPT A COTENANT TH AT
REQUESTED PARTITION BY SALE, MAY GIVE NOT ICE TO THE COURT THA T THE
COTENANT ELECTS TO B UY ALL THE INTERESTS OF THE COTENANTS THA T
REQUESTED PARTITION BY SALE.
LAWRENCE J. HOGAN, JR., Governor Ch. 402
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(C) THE PURCHASE PRICE FO R EACH OF THE INTERE STS OF A COTENANT
THAT REQUESTED PARTI TION BY SALE IS THE VALUE OF THE ENTIRE PARCEL
DETERMINED UNDER § 14–705 OF THIS SUBTITLE MUL TIPLIED BY THE COTEN ANT’S
FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL .
(D) AFTER EXPIRATION OF T HE PERIOD DESCRIBED IN SUBSECTION (B) OF
THIS SECTION, THE FOLLOWING RULES APPLY:
(1) IF ONLY ONE COTENANT ELECTS TO BUY ALL THE INTEREST S OF
THE COTENANTS THAT R EQUESTED PARTITION B Y SALE, THE COURT SHALL NOTI FY
ALL THE PARTIES ;
(2) IF MORE THAN ONE COTE NANT ELECTS TO BUY A LL THE
INTERESTS OF THE COT ENANTS THAT REQUESTE D PARTITION BY SALE , THE COURT
SHALL:
(I) ALLOCATE THE RIGHT TO BUY THOSE INTERESTS AMONG
THE ELECTING COTENAN TS BASED ON EACH ELE CTING COTENANT ’S EXISTING
FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL DIVIDED BY THE TOTAL EXISTING
FRACTIONAL OWNERSHIP OF ALL COTENANTS ELE CTING TO BUY;
(II) NOTIFY ALL THE PARTIES TH AT MORE THAN ONE
COTENANT ELECTED TO BUY ALL THE INTEREST S OF THE COTENANTS T HAT
REQUESTED PARTITION BY SALE; AND
(III) SEND NOTICE OF THE PR ICE TO BE PAID BY EA CH ELECTING
COTENANT; OR
(3) IF NO COTENANT ELECTS TO BUY ALL THE I NTERESTS OF THE
COTENANTS THAT REQUE STED PARTITION BY SA LE, THE COURT SHALL SEND
NOTICE TO ALL THE PA RTIES AND RESOLVE TH E PARTITION ACTION U NDER §
14–709(A) AND (B) OF THIS SUBTITLE.
(E) (1) IF THE COURT SENDS NO TICE TO THE PARTIES UNDER
SUBSECTION (D)(1) OR (2) OF THIS SECTION , THE COURT SHALL SET A DATE NOT
SOONER THAN 60 DAYS AFTER THE DATE THE NOTICE WAS SENT BY WHICH
ELECTING COTENANTS M UST PAY THEIR APPORT IONED PRICE INTO THE COURT.
(2) AFTER THE DATE SET BY THE COURT UNDER PARA GRAPH (1) OF
THIS SUBSECTION , THE FOLLOWING RULES APPLY:
(I) IF ALL ELECTING COTEN ANTS PAY THEIR APPOR TIONED
PRICE INTO COURT ON TIME, THE COURT SHALL ISSU E AN ORDER REALLOCAT ING Ch. 402 2022 LAWS OF MARYLAND
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ALL THE INTERESTS OF THE COTENANTS AND DI SBURSE THE AMOUNTS H ELD BY THE
COURT TO THE PERSONS ENTITLED TO THE FUNDS;
(II) IF NO ELECTING COTENA NT PAYS THE COTENANT ’S
APPORTIONED PRICE ON TIME, THE COURT SHALL RESO LVE THE PARTITION AC TION
UNDER § 14–707(A) AND (B) OF THIS SUBTITLE AS IF THE INTERESTS OF THE
COTENANTS THAT REQUE STED PARTITION BY SALE WERE NO T PURCHASED ; OR
(III) IF ONE OR MORE BUT NO T ALL OF THE ELECTIN G
COTENANTS FAIL TO PA Y THEIR APPORTIONED PRICE ON TIME , THE COURT, ON
MOTION, SHALL GIVE NOTICE OF THE INTEREST REMAINI NG AND THE PRICE FOR
THAT INTEREST TO THE ELECTING COTENANTS THAT PAI D THEIR APPORTIONED
PRICE.
(F) (1) NOT LATER THAN 20 DAYS AFTER THE COURT GIVES NOTICE
UNDER SUBSECTION (E)(2)(III) OF THIS SECTION , ANY COTENANT THAT PA ID THE
COTENANT’S APPORTIONED PRICE MAY ELECT TO PURCHAS E ALL OF THE
REMAINING INTEREST BY PAYING TH E ENTIRE PRICE INTO THE COURT.
(2) AFTER THE 20–DAY PERIOD DESCRIBED IN PARAGRAPH (1) OF
THIS SUBSECTION , THE FOLLOWING RULES APPLY:
(I) IF ONLY ONE COTENANT PAYS THE ENTIRE PRIC E FOR THE
REMAINING INTEREST , THE COURT SHALL :
1. ISSUE AN ORDER REALLO CATING THE REMAINING
INTEREST TO THAT COT ENANT; AND
2. PROMPTLY ISSUE AN ORD ER REALLOCATING THE
INTERESTS OF ALL OF THE COTENANTS AND DI SBURSE THE AMOUNTS H ELD BY THE
COURT TO THE PERSONS ENTITLED TO THEM ;
(II) IF NO COT ENANT PAYS THE ENTIR E PRICE FOR THE
REMAINING INTEREST , THE COURT SHALL RESO LVE THE PARTITION AC TION UNDER
§ 14–707(A) AND (B) OF THIS SUBTITLE AS IF THE INTERESTS OF THE COTENANTS
THAT REQUESTED PARTI TION BY SALE WERE NO T PURCHASED ; AND
(III) IF MORE THAN ONE COTENANT PA YS THE ENTIRE PRICE
FOR THE REMAINING IN TEREST, THE COURT SHALL :
1. REAPPORTION THE REMAI NING INTEREST AMONG
THOSE PAYING COTENAN TS, BASED ON EACH PAYING COTENANT’S ORIGINAL
FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL DIVIDED BY THE TOTAL ORIGINAL LAWRENCE J. HOGAN, JR., Governor Ch. 402
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FRACTIONAL OWNERSHIP OF ALL COTENANTS THA T PAID THE ENTIRE PR ICE FOR
THE REMAINING INTERE ST; AND
2. PROMPTLY ISSUE AN ORD ER REALLOCATING ALL OF
THE COTENANTS ’ INTERESTS, DISBURSE THE AMOUNTS HELD BY THE COURT TO THE
PERSONS ENTITLED TO THEM, AND REFUND ANY EXCES S PAYMENT HELD BY TH E
COURT.
(G) NOT LATER THAN 45 DAYS AFTER THE COURT SENDS NOTICE TO THE
PARTIES UNDER SUBSEC TION (A) OF THIS SECTION , ANY COTENANT ENTITLE D TO
BUY AN INTEREST UNDE R THIS SECTION MAY R EQUEST THE COURT TO AUTHORIZE
THE SALE AS PART OF THE PENDING ACTION O F THE INTERESTS OF C OTENANTS
NAMED AS DEFENDANTS AND SERVED WITH THE COMPLAINT BUT THAT D ID NOT
APPEAR IN THE ACTION .
(H) IF THE COURT RECEIVES A TIMELY REQUEST UND ER SUBSECTION (G) OF
THIS SECTION, THE COURT , AFTER A HEARING , MAY DENY THE REQUEST OR
AUTHORIZE THE REQUES TED ADDITIONAL SALE ON TERMS THE COURT D ETERMINES
ARE FAIR AND REASONA BLE, SUBJECT TO THE FOLLO WING LIMITATIONS :
(1) A SALE AUTHORIZED UNDE R THIS SUBSECTION MA Y OCCUR ONLY
AFTER THE PURCHASE PRICES FOR ALL INTER ESTS SUBJECT TO SALE UNDER
SUBSECTIONS (A) THROUGH (F) OF THIS SECTION HAVE BEEN PAID INTO COURT AND
THOSE INTERESTS HAVE BEEN REALLOCATED AMO NG THE COTENANTS AS
PROVIDED IN SUBSECTI ONS (A) THROUGH (F) OF THIS SECTION; AND
(2) THE PURCHASE PRICE FOR T HE INTEREST OF A NON APPEARING
COTENANT IS BASED ON THE COURT’S DETERMINATION OF V ALUE UNDER § 14–705
OF THIS SUBTITLE.
14–707.
(A) (1) IF UNDER § 14–706 OF THIS SUBTITLE ALL THE INTERESTS OF ALL
COTENANTS THAT REQUE STED PARTITION BY SALE ARE NOT PURCHAS ED BY OTHER
COTENANTS, OR IF AFTER THE CONC LUSION OF THE BUYOUT A COTENANT REMAINS
THAT HAS REQUESTED P ARTITION IN KIND, THE COURT SHALL ORDE R PARTITION IN
KIND UNLESS THE COUR T, AFTER CONSIDERATION OF THE FACTORS LISTE D IN §
14–708 OF THIS SUBTITLE, FINDS THAT PARTITION IN KIND WILL RESULT IN GREAT
PREJUDICE TO THE COT ENANTS AS A GROUP .
(2) IN CONSIDERING WHETHE R TO ORDER PARTITION IN KIND, THE
COURT SHALL APPROVE A REQUEST BY TWO OR MORE PARTIES TO HAVE THEIR
INDIVIDUAL INTERESTS AGGREGATED .
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(B) IF THE COURT DOES NOT ORDER PARTITION IN K IND UNDER
SUBSECTION (A) OF THIS SECTION , THE COURT SHALL ORDE R PARTITION BY SALE
UNDER § 14–709 OF THIS SUBTITLE OR , IF NO COTENANT REQUE STED PARTITION BY
SALE, THE COURT SHALL DISM ISS THE ACTION.
(C) IF THE COURT ORDERS P ARTITION IN KIND IN ACCORDANCE WITH
SUBSECTION (A) OF THIS SECTION , THE COURT MAY REQUIR E THAT ONE OR MORE
COTENANTS PAY ONE OR MORE OTHER COTENANTS AMOUNTS SO THAT THE
PAYMENTS, TAKEN TOGETHER WITH THE VALUE OF THE IN –KIND DISTRIBUTIONS TO
THE COTENANTS , WILL MAKE THE PARTIT ION IN KIND JUST AND PROPORTIONATE
IN VALUE TO THE FRAC TIONAL INTERESTS HEL D.
(D) IF THE COURT ORDERS P ARTITION IN KIND , THE COURT SHALL
ALLOCATE TO THE COTE NANTS THAT ARE UNKNO WN, UNLOCATABLE , OR THE
SUBJECT OF A DEFAULT JUDGMENT, IF THEIR INTERESTS W ERE NOT BOUGHT OUT
UNDER § 14–706 OF THIS SUBTITLE, A PART OF THE PROPER TY REPRESENTING THE
COMBINED INTERESTS O F THESE COTENANTS AS DETERMINED BY THE CO URT AND
THIS PART OF THE PRO PERTY SHALL REMAIN U NDIVIDED.
14–708.
(A) IN DETERMINING WHETHE R PARTITION IN KIND UNDER § 14–707(A) OF
THIS SUBTITLE WOULD RESULT IN GREAT PREJ UDICE TO THE COTENAN TS AS A
GROUP, THE COURT SHALL CONS IDER THE FOLLOWING :
(1) WHETHER THE HEIRS PRO PERTY PRACTICABLY CA N BE DIVIDED
AMONG THE COTENANTS ;
(2) WHETHER PARTITION IN KIND WOULD APPORTION THE
PROPERTY IN SUCH A W AY THAT THE AGGREGAT E FAIR MARKET VALUE OF THE
PARCELS RESULTING FR OM THE DIVISION WOUL D BE MATERIALLY LESS THAN THE
VALUE OF THE PROPERT Y IF IT WERE SOLD AS A WHOLE, TAKING INTO ACCOUNT THE
CONDITION UNDER WHIC H A COURT–ORDERED SALE LIKELY WOULD OCCUR ;
(3) EVIDENCE OF THE COLLE CTIVE DURATION OF OW NERSHIP OR
POSSESSION OF THE PR OPERTY BY A COTENANT AND ONE OR MORE PRED ECESSORS
IN TITLE OR PREDECES SORS IN POSSESSION TO THE CO TENANT WHO ARE OR WE RE
RELATIVES OF THE COT ENANT OR EACH OTHER ;
(4) THE SENTIMENTAL ATTAC HMENT OF A COTENANT TO THE
PROPERTY, INCLUDING ANY ATTACH MENT ARISING BECAUSE THE PROPERTY HAS
ANCESTRAL OR OTHER U NIQUE OR SPECIAL VAL UE TO THE COTENANT;
LAWRENCE J. HOGAN, JR., Governor Ch. 402
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(5) THE LAWFUL USE BEING MADE OF THE PROPERTY BY A COTENANT
AND THE DEGREE TO WH ICH THE COTENANT WOU LD BE HARMED IF THE COTENANT
COULD NOT CONTINUE T HE SAME USE OF THE P ROPERTY;
(6) THE DEGREE TO WHICH T HE COTENANTS HAVE CO NTRIBUTED
THEIR PRO RATA SHARE OF TH E PROPERTY TAXES , INSURANCE, AND OTHER
EXPENSES ASSOCIATED WITH MAINTAINING OWN ERSHIP OF THE PROPER TY OR
HAVE CONTRIBUTED TO THE PHYSICAL IMPROVE MENT, MAINTENANCE , OR UPKEEP
OF THE PROPERTY ; AND
(7) ANY OTHER RELEVANT FA CTOR.
(B) THE COURT MAY NOT CON SIDER ANY ONE FACTOR IN SUBSECTION (A)
OF THIS SECTION TO B E DISPOSITIVE WITHOU T WEIGHING THE TOTAL ITY OF ALL
RELEVANT FACTORS AND CIRCUMSTANCES .
14–709.
(A) IF THE COURT ORDERS A SALE OF HEIRS PROPER TY, THE SALE SHALL
BE AN OPEN–MARKET SALE UNLESS T HE COURT FINDS THAT A SALE BY SEALED BID S
OR AN AUCTION WOULD BE MORE ECONOMICALLY ADVANTAGEOUS AND IN THE BEST
INTEREST OF THE COTE NANTS AS A GROUP .
(B) (1) IF THE COURT ORDERS A N OPEN–MARKET SALE AND THE
PARTIES, NOT LATER THAN 10 DAYS AFTER THE ENTRY OF THE ORDER , AGREE ON A
REAL ESTATE BROKER L ICENSED IN THE STATE TO OFFER THE PR OPERTY FOR SALE ,
THE COURT SHALL APPO INT THE BROKER AND E STABLISH A REASONABL E
COMMISSION.
(2) IF THE PARTIES DO NOT AGREE ON A BROKER , THE COURT SHALL
APPOINT A DISINTERES TED REAL ESTATE BROK ER LICENSED IN THE STATE TO
OFFER THE PROPERTY F OR SALE AND SHALL ES TABLISH A REASONABLE
COMMISSION.
(3) A BROKER APPOINTED UND ER THIS SUBSECTION S HALL OFFER
THE PROPERTY FOR SAL E IN A COMMERCIALLY REASONAB LE MANNER AT A PRICE
NOT LOWER THAN THE D ETERMINATION OF VALU E AND ON THE TERMS A ND
CONDITIONS ESTABLISH ED BY THE COURT .
(C) IF THE BROKER APPOINT ED UNDER SUBSECTION (B) OF THIS SECTION
OBTAINS WITHIN A REA SONABLE TIME AN OFFE R TO PURCHASE THE PR OPERTY FOR
AT LEAST THE DETERMI NATION OF VALUE :
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(1) THE BROKER SHALL COMP LY WITH THE REPORTIN G
REQUIREMENTS IN § 14–710 OF THIS SUBTITLE ; AND
(2) THE SALE MAY BE COMPL ETED IN ACCORDANCE W ITH STATE LAW
OTHER THAN THIS SUBT ITLE.
(D) IF THE BROKER APPOINT ED UNDER SUBSECTION (B) OF THIS SECTION
DOES NOT OBTAIN WITH IN A REASONABLE TIME AN OFFER TO PURCHASE THE
PROPERTY FOR AT LEAS T THE DETERMINATION OF VALUE, THE COURT, AFTER
HEARING, MAY:
(1) APPROVE THE HIGHEST O UTSTANDING OFFER , IF ANY;
(2) REDETERMINE THE VALUE OF THE PRO PERTY AND ORDER THAT
THE PROPERTY CONTINU E TO BE OFFERED FOR AN ADDITIONAL TIME ; OR
(3) ORDER THAT THE PROPER TY BE SOLD BY SEALED BIDS OR AT AN
AUCTION.
(E) (1) IF THE COURT ORDERS A SALE BY SEALED BIDS OR AN AUCTION ,
THE COURT S HALL SET TERMS AND C ONDITIONS OF THE SAL E.
(2) IF THE COURT ORDERS A N AUCTION, THE AUCTION SHALL BE
CONDUCTED UNDER § 14–107 OF THIS TITLE.
(F) IF A PURCHASER IS ENT ITLED TO A SHARE OF THE PROCEEDS OF THE
SALE, THE PURCHASER IS ALS O ENTITLED TO A CREDIT AGAINST THE P RICE IN AN
AMOUNT EQUAL TO THE PURCHASER ’S SHARE OF THE PROCE EDS.
14–710.
(A) UNLESS REQUIRED TO DO SO WITHIN A SHORTER PERIOD OF TIME
UNDER § 14–107 OF THIS TITLE, A BROKER APPOINTED U NDER § 14–709(B) OF THIS
SUBTITLE TO OFFER HE IRS PROPERTY FOR OPEN –MARKET SALE SHALL FI LE A
REPORT WITH THE COUR T NOT LATER THAN 7 DAYS AFTER RECEIVING AN OFFER TO
PURCHASE THE PROPERT Y FOR AT LEAST THE V ALUE DETERMINED UNDE R § 14–705
OR § 14–709 OF THIS SUBTITLE.
(B) A REPORT REQUIRED UNDE R SUBSECTION (A) OF THIS SECTION SHAL L
CONTAIN THE FOLLOWIN G INFORMATION :
(1) A DESCRIPTION OF THE P ROPERTY TO BE SOLD T O EACH BUYER;
LAWRENCE J. HOGAN, JR., Governor Ch. 402
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(2) THE NAME OF EACH BUYE R;
(3) THE PROPOSED PURCHASE PRICE;
(4) THE TERMS AND CONDITI ONS OF THE PROPOSED SALE,
INCLUDING THE TERMS OF ANY OWNER FINANCI NG;
(5) THE AMOUNTS TO BE PAI D TO LIENHOLDERS ;
(6) A STATEMENT OF CONTRAC TUAL OR OTHER ARRANG EMENTS OR
CONDITIONS OF THE BR OKER’S COMMISSION; AND
(7) OTHER MATERIAL FACTS RELEVANT TO THE SALE .
14–711.
IN APPLYING AND CONSTRU ING THIS SUBTITLE , WHICH IS A UNIFORM A CT,
CONSIDERATION SHALL BE GIVEN TO THE NEED TO PROMOTE UNIFORMIT Y OF THE
LAW WITH RESPECT TO THE SUBJECT MATTER O F THE LAW AMONG THE STATES
THAT ENACT IT.
14–712.
THIS SUBTITLE MODIFIE S, LIMITS, AND SUPERSEDES THE ELECTRONIC
SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. § 7001 ET SEQ.,
BUT DOES NOT MODIFY , LIMIT, OR SUPERSEDE § 101(C) OF THAT ACT, 15 U.S.C. §
7001(C), OR AUTHORIZE ELECTRO NIC DELIVERY OF ANY OF THE NOTICES
DESCRIBED IN § 103(B) OF THAT ACT, 15 U.S.C. § 7003(B).
14–713.
THIS SUBTITLE MAY BE CITED AS THE MARYLAND UNIFORM PARTITION OF
HEIRS PROPERTY ACT.
Article – Real Property
[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. If it appears that the property cannot be divided
without loss or injury to the parties interested, the court may decree its sale and divide the
money resulting from the sale among the parties according to their respective rights. The
right to a partition or sale includes the right to a partition or sale of any separate lot or
tract of property, and the bill or petition need not pray for a partition of all the lots or tracts. Ch. 402 2022 LAWS OF MARYLAND
– 14 –
(b) This section applies regardless of whether any party, plaintiff, or defendant is
a minor, disabled, or a nonresident.
(c) A sale and deed made pursuant to an order of the court in the exercise of the
power provided in this section is good and sufficient at law to transfer property of the
person. A deed executed in exercise of the above power provided in this section shall be
executed by the person the court appoints for the purpose.
(d) If any bill or petition is filed under the provisions of this section for the sale of
property, any person holding a mortgage, other encumbrance on the property, or an
undivided interest in the property may be made a party to the bill, and the property shall
be sold free and clear of the mortgage or other encumbrance. However, the rights of a lienor
shall be protected in the distribution of the proceeds of the sale.]
SUBTITLE 7. PARTITION OF REAL PROPERTY.
14–701.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “DETERMINATION OF VALU E” MEANS A COURT ORDER DETERMINING
THE FAIR MARKET VALU E OF PROPERTY UNDER § 14–707 OR § 14–711 OF THIS
SUBTITLE OR ADOPTING THE VALUATION OF PRO PERTY AGREED TO BY ALL
COTENANTS.
(C) “PARTITION BY SALE ” MEANS A COURT –ORDERED SALE OF PROP ERTY,
WHETHER BY AUCTION , SEALED BIDS, OR OPEN–MARKET SALE CONDUCTE D UNDER
§ 14–711 OF THIS SUBTITLE.
(D) “PARTITION IN KIND ” MEANS THE DIVISION O F PROPERTY INTO
PHYSICALLY DIS TINCT AND SEPARATELY TITLED PARCELS .
(E) “RECORD” MEANS INFORMATION TH AT IS INSCRIBED ON A TANGIBLE
MEDIUM OR THAT IS ST ORED IN AN ELECTRONI C OR OTHER MEDIUM AN D IS
RETRIEVABLE IN PERCE IVABLE FORM.
14–702.
(A) REAL PROPERTY SHALL B E PARTITIONED UNDER THIS SUBTITLE
UNLESS ALL OF THE CO TENANTS AGREE OTHERW ISE IN A RECORD.
LAWRENCE J. HOGAN, JR., Governor Ch. 402
– 15 –
(B) THE MARYLAND RULES APPLY TO ACTION S UNDER THIS SUBTITL E,
EXCEPT TO THE EXTENT THEY ARE INCONSISTEN T WITH THE PROVISION S OF THIS
SUBTITLE.
14–703.
IN AN ACTION UNDER TH IS SUBTITLE, THE COURT ON ITS OWN MOTION OR ON
MOTION OF ANY PARTY MAY ISSUE AN ORDER :
(1) FOR THE APPOINTMENT O F AN ATTORNEY TO PRO TECT THE
INTEREST OF ANY PART Y TO THE SAME EXTENT AND EFFECT AS PROVID ED UNDER
RULE 2–203 OF THE MARYLAND RULES WITH RESPECT TO INDIVIDUALS NOT IN
BEING;
(2) TO REQUIRE JOINDER OF ANY ADDITIONAL PARTI ES THAT ARE
NECESSARY OR PROPER ; AND
(3) TO REQUIRE THAT THE P LAINTIFF:
(I) PROCURE A TITLE REPOR T SUPPORTED BY AN AF FIDAVIT
BY THE PERSON MAKING THE TITLE SEARCH THA T A COMPLETE SEARCH OF THE
PUBLIC RECORDS HAS B EEN PERFORMED IN ACC ORDANCE WITH GENERAL LY
ACCEPTED STANDARDS O F TITLE EXAMINATION FOR THE APPROPRIATE PERIOD AS
DETERMINED BY THE CO URT, BUT NOT LESS THAN 60 YEARS; AND
(II) DESIGNATE A PLACE WHERE THE TI TLE REPORT SHALL BE
KEPT FOR INSPECTION , USE, AND COPYING BY THE P ARTIES.
14–704.
IN ADDITION TO ANY PE RSONS REQUIRED TO BE NAMED AS DEFENDANTS IN
AN ACTION UNDER THIS SUBTITLE, THE PLAINTIFF MAY NA ME AS DEFENDANTS ALL
PERSONS UNKNO WN, CLAIMING ANY LEGAL O R EQUITABLE RIGHT , TITLE, ESTATE,
LIEN, OR INTEREST IN THE P ROPERTY DESCRIBED IN THE COMPLAINT ADVERS E TO
THE PLAINTIFF ’S TITLE, OR ANY CLOUD ON THE PLAINTIFF’S TITLE TO THE
PROPERTY.
14–705.
(A) (1) IF, ON AFFIDAVIT OF THE PLAINTIFF, IT APPEARS TO THE
SATISFACTION OF THE COURT THAT THE PLAIN TIFF HAS USED REASON ABLE
DILIGENCE TO ASCERTA IN THE IDENTITY AND RESIDENCE OF AND TO SERVE A
SUMMONS ON THE PERSO NS NAMED AS UNKNOWN DEFENDANTS AND PERSO NS
JOINED AS TESTATE OR INTESTATE SUCCE SSORS OF A PERSON KN OWN OR BELIEVED Ch. 402 2022 LAWS OF MARYLAND
– 16 –
TO BE DEAD, THE COURT SHALL ORDE R SERVICE BY PUBLICA TION IN ACCORDANCE
WITH RULE 2–122 OF THE MARYLAND RULES AND THE PROVISI ONS OF THIS
SUBTITLE.
(2) THE ORDER SHALL DIREC T THAT A COPY OF THE SUMMONS, THE
COMPLAINT, AND THE ORDER FOR PUB LICATION BE MAILED I MMEDIATELY TO THE
PARTY IF THE PARTY ’S ADDRESS IS ASCERTA INED BEFORE EXPIRATI ON OF THE TIME
PRESCRIBED FOR PUBLI CATION OF THE SUMMON S.
(B) THIS SECTION DOES NOT AUTHORIZE SERVICE BY PUBLICATION ON ANY
PERSON NAMED AS AN UNKNOWN DEFEND ANT WHO IS IN OPEN A ND ACTUAL
POSSESSION OF THE PR OPERTY.
14–706.
(A) IF THE COURT ORDERS S ERVICE BY PUBLICATIO N, THE PLAINTIFF
SHALL:
(1) POST, NOT LATER THAN 10 DAYS AFTER THE DATE THE ORDER IS
ISSUED, A COPY OF THE SUMMON S AND COMPLAINT IN A CONSP ICUOUS PLACE ON
THE PROPERTY THAT IS THE SUBJECT OF THE A CTION; AND
(2) FILE PROOF THAT THE S UMMONS HAS BEEN SERV ED, POSTED,
AND PUBLISHED AS REQ UIRED IN THE ORDER .
(B) IF THE COURT ORDERS S ERVICE BY PUBLICATIO N, THE PUBLICATION
SHALL USE THE LEGAL DE SCRIPTION OF THE PRO PERTY ALONG WITH ITS STREET
ADDRESS, OR OTHER COMMON DESI GNATION, IF ANY.
14–707.
(A) EXCEPT AS PROVIDED IN SUBSECTIONS (B) THROUGH (D) OF THIS
SECTION, THE COURT SHALL DETE RMINE THE FAIR MARKE T VALUE OF THE
PROPERTY BY ORDERING AN A PPRAISAL IN ACCORDAN CE WITH SUBSECTION (E) OF
THIS SECTION.
(B) THE COURT MAY ACCEPT A PREVIOUSLY COMPLET ED APPRAISAL FILED
WITH THE COURT AS EV IDENCE OF VALUE PROV IDED THAT:
(1) THE APPRAISAL IS DATE D NOT EARLIER THAN 6 MONTHS BE FORE
THE FILING OF THE PA RTITION ACTION;
LAWRENCE J. HOGAN, JR., Governor Ch. 402
– 17 –
(2) THE APPRAISAL WAS COM PLETED BY A DISINTER ESTED REAL
ESTATE APPRAISER LIC ENSED IN THE STATE; AND
(3) NO PARTY OBJECTS TO T HE APPRAISED VALUE .
(C) IF ALL COTENANTS HAVE AGREED TO THE VALUE OF THE PROPERTY OR
TO ANOTHER METHOD OF VALUATION, THE COURT SHALL ADOP T THAT VALUE OR
THE VALUE PRODUCED B Y THE AGREED METHOD OF VALUATION .
(D) IF THE COURT DETERMIN ES THAT THE EVIDENTI ARY VALUE OF AN
APPRAISAL IS OUTWEIG HED BY THE COST OF T HE APPRAISAL AND NO PREVIOUSLY
COMPLETED APPRAISAL WAS FILED UNDER SUBS ECTION (B) OF THIS SECTION, THE
COURT, AFTER AN EVIDENTIARY HEARING, SHALL DETERMINE THE FAIR MARKET
VALUE OF THE PROPERT Y AND SEND NOTICE TO THE PARTIES OF THE V ALUE.
(E) (1) IF THE COURT ORDERS A N APPRAISAL UNDER SU BSECTION (A) OF
THIS SECTION , THE COURT SHALL APPO INT A DISINTERESTED REAL ESTATE
APPRAISER LICENSED I N THE STATE TO DETERMINE TH E FAIR MARKET VALUE OF
THE PROPERTY ASSUMIN G SOLE OWNERSHIP OF THE FEE SIMPLE ESTAT E.
(2) ON COMPLETION OF THE APPRAISAL, THE APPRAISER SHALL FILE
A SWORN OR VERIFIED APPRAISAL WITH THE C OURT.
(F) IF AN APPRAISAL IS CO NDUCTED UNDER SUBSEC TION (A) OF THIS
SECTION OR FILED WIT H THE COURT UNDER SU BSECTION (B) OF THIS SECTION, NOT
LATER THAN 10 DAYS AFTER THE APPRA ISAL IS FILED, THE COURT SHALL SEND
NOTICE TO EACH PARTY WITH A KNOWN ADDRESS , STATING:
(1) THE APPRAISED FAIR MA RKET VALUE OF THE PR OPERTY;
(2) THAT THE APPRAISAL IS AVAILABLE AT THE OFF ICE OF THE
CLERK; AND
(3) THAT A PARTY MAY FILE WITH THE COURT AN OBJECTI ON TO THE
APPRAISAL NOT LATER THAN 30 DAYS AFTER THE NOTIC E IS SENT, STATING THE
GROUNDS FOR THE OBJE CTION.
(G) (1) IF AN APPRAISAL IS FI LED WITH THE COURT U NDER SUBSECTION
(E) OF THIS SECTION, THE COURT SHALL CON DUCT A HEARING TO DE TERMINE THE
FAIR MARKET VALUE OF THE PROPERTY NOT SOO NER THAN 30 DAYS AFTER A COPY
OF THE NOTICE OF THE APPRAISAL IS SENT TO EACH PARTY UNDER SUB SECTION (F)
OF THIS SECTION , WHETHER OR NOT AN OB JECTION TO THE APPRA ISAL IS FILED
UNDER SUBSECTION (F)(3) OF THIS SECTION.
Ch. 402 2022 LAWS OF MARYLAND
– 18 –
(2) IN ADDITION TO AN APP RAISAL DESCRIBED UND ER SUBSECTION
(A) OR (B) OF THIS SECTION, THE COURT MAY CONSID ER ANY OTHER EVIDENC E OF
VALUE OFFERED BY A P ARTY.
(H) AFTER A HEARING UNDER SUBSECTION (G) OF THIS SECTION , BUT
BEFORE CONSIDERING T HE MERITS OF THE PAR TITION ACTION, THE COURT SHALL
DETERMINE THE FAIR M ARKET VALUE OF THE P ROPERTY AND SEND NOT ICE TO THE
PARTIES OF THE VALUE .
14–708.
(A) IF ANY COTENANT REQUE STED PARTITION BY SA LE, AFTER THE
DETERMINATION OF VA LUE UNDER § 14–707 OF THIS SUBTITLE , THE COURT SHALL
SEND NOTICE TO THE P ARTIES THAT ANY COTE NANT, EXCEPT A COTENANT TH AT
REQUESTED PARTITION BY SALE, MAY BUY ALL THE INTE RESTS OF THE COTENAN TS
THAT REQUESTED PARTI TION BY SALE.
(B) NOT LATER THAN 45 DAYS AFTER THE NOTICE IS SENT UNDER
SUBSECTION (A) OF THIS SECTION , ANY COTENANT , EXCEPT A COTENANT TH AT
REQUESTED PARTITION BY SALE, MAY GIVE NOTICE TO T HE COURT THAT THE
COTENANT ELECTS TO B UY ALL THE INTERESTS OF THE COTENANTS THA T
REQUESTED PARTITION BY SALE.
(C) THE PURCHASE PRICE FO R EACH OF THE INTERE STS OF A COTENANT
THAT REQUESTED PARTI TION BY SALE IS THE VALUE OF THE ENTIRE PARCEL
DETERMINED UNDER § 14–707 OF THIS SUBTITLE MUL TIPLIED BY THE COTEN ANT’S
FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL .
(D) AFTER EXPIRATION OF T HE PERIOD DESCRIBED IN SUBSECTION (B) OF
THIS SECTION, THE FOLLOWING RULES APPLY:
(1) IF ONLY ONE COTENANT ELECTS TO BUY ALL TH E INTERESTS OF
THE COTENANTS THAT R EQUESTED PARTITION B Y SALE, THE COURT SHALL NOTI FY
ALL THE PARTIES ;
(2) IF MORE THAN ONE COTE NANT ELECTS TO BUY A LL THE
INTERESTS OF THE COT ENANTS THAT REQUESTE D PARTITION BY SALE , THE COURT
SHALL:
(I) ALLOCATE THE RIGHT TO BUY THOSE INTERESTS AMONG
THE ELECTING COTENAN TS BASED ON EACH ELE CTING COTENANT ’S EXISTING
FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL DIVIDED BY THE TOTAL EXISTING
FRACTIONAL OWNERSHIP OF ALL COTENANTS ELE CTING TO BUY; LAWRENCE J. HOGAN, JR., Governor Ch. 402
– 19 –
(II) NOTIFY ALL THE PARTIE S THAT MORE THAN ONE
COTENANT ELECTED TO BUY ALL THE INTEREST S OF THE COTENANTS T HAT
REQUESTED PART ITION BY SALE; AND
(III) SEND NOTICE OF THE PR ICE TO BE PAID BY EA CH ELECTING
COTENANT; OR
(3) IF NO COTENANT ELECTS TO BUY ALL THE INTER ESTS OF THE
COTENANTS THAT REQUE STED PARTITION BY SA LE, THE COURT SHALL SEND
NOTICE TO ALL THE PA RTIES AND RESO LVE THE PARTITION AC TION UNDER §
14–711(A) AND (B) OF THIS SUBTITLE.
(E) (1) IF THE COURT SENDS NO TICE TO THE PARTIES UNDER
SUBSECTION (D)(1) OR (2) OF THIS SECTION , THE COURT SHALL SET A DATE NOT
SOONER THAN 60 DAYS AFTER THE DATE THE NOTICE WAS SENT BY WHICH
ELECTING COTENANTS M UST PAY THEIR APPORT IONED PRICE INTO THE COURT.
(2) AFTER THE DATE SET BY THE COURT UNDER PARA GRAPH (1) OF
THIS SUBSECTION , THE FOLLOWING RULES APPLY:
(I) IF ALL ELECTING COTEN ANTS PAY THEIR APPOR TIONED
PRICE INTO COURT O N TIME, THE COURT SHALL ISSU E AN ORDER REALLOCAT ING
ALL THE INTERESTS OF THE COTENANTS AND DI SBURSE THE AMOUNTS H ELD BY THE
COURT TO THE PERSONS ENTITLED TO THE FUND S;
(II) IF NO ELECTING COTENA NT PAYS THE COTENANT ’S
APPORTIONED PRICE ON TIME, THE COURT SHALL RESOLVE THE PARTITION ACTION
UNDER § 14–709(A) AND (B) OF THIS SUBTITLE AS IF THE INTERESTS OF THE
COTENANTS THAT REQUE STED PARTITION BY SA LE WERE NOT PURCHASE D; OR
(III) IF ONE OR MORE BUT NO T ALL OF THE ELECTIN G
COTENANTS FAIL TO PA Y THEIR APPORTIONED PRICE ON TIME , THE COURT, ON
MOTION, SHALL GIVE NOTICE OF THE INTEREST REMAINI NG AND THE PRICE FOR
THAT INTEREST TO THE ELECTING COTENANTS T HAT PAID THEIR APPOR TIONED
PRICE.
(F) (1) NOT LATER THAN 20 DAYS AFTER THE COURT GIVES NOTICE
UNDER SUBSECTION (E)(2)(III) OF THIS SECTION , ANY COTENANT THAT PA ID THE
COTENANT’S APPORTIONED PRICE MAY ELECT TO PURCHAS E ALL OF THE
REMAINING INTEREST B Y PAYING THE ENTIRE PRICE INTO THE CO URT.
(2) AFTER THE 20–DAY PERIOD DESCRIBED IN PARAGRAPH (1) OF
THIS SUBSECTION , THE FOLLOWING RULES APPLY: Ch. 402 2022 LAWS OF MARYLAND
– 20 –
(I) IF ONLY ONE COTENANT PAYS THE ENTIRE PRIC E FOR THE
REMAINING INTEREST , THE COURT SHALL :
1. ISSUE AN ORDER REALLO CATING THE REMAINING
INTEREST TO THAT COT ENANT; AND
2. PROMPTLY ISSUE AN ORD ER REALLOCATING THE
INTERESTS OF ALL OF THE COTENANTS AND DI SBURSE THE AMOUNTS H ELD BY THE
COURT TO THE PERSONS ENTITLED TO THEM ;
(II) IF NO COTENANT PAYS T HE ENTIRE PRICE FOR THE
REMAINING INTEREST, THE COURT SHALL RESO LVE THE PARTITION AC TION UNDER
§ 14–709(A) AND (B) OF THIS SUBTITLE AS IF THE INTERESTS OF THE COTENANTS
THAT REQUESTED PARTI TION BY SALE WERE NO T PURCHASED ; AND
(III) IF MORE THAN ONE COTE NANT PAYS THE ENTIRE PRICE
FOR THE REMAINING INTEREST , THE COURT SHALL :
1. REAPPORTION THE REMAI NING INTEREST AMONG
THOSE PAYING COTENAN TS, BASED ON EACH PAYING COTENANT’S ORIGINAL
FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL DIVIDED BY THE TOTAL ORIGINAL
FRACTIONAL OWNERSHIP OF ALL COTENANTS THAT PAID THE ENTIRE PRICE FOR
THE REMAINING INTERE ST; AND
2. PROMPTLY ISSUE AN ORD ER REALLOCATING ALL OF
THE COTENANTS ’ INTERESTS, DISBURSE THE AMOUNTS HELD BY THE COURT TO THE
PERSONS ENTITLED TO THEM, AND REFUND ANY EXCES S PAYMENT HELD BY TH E
COURT.
(G) NOT LATER THAN 45 DAYS AFTER THE COURT SENDS NOTICE TO THE
PARTIES UNDER SUBSEC TION (A) OF THIS SECTION , ANY COTENANT ENTITLE D TO
BUY AN INTEREST UNDE R THIS SECTION MAY R EQUEST THE COURT TO AUTHORIZE
THE SALE AS PART OF THE PENDING ACTION O F THE INTERESTS OF COT ENANTS
NAMED AS DEFENDANTS AND SERVED WITH THE COMPLAINT BUT THAT D ID NOT
APPEAR IN THE ACTION .
(H) IF THE COURT RECEIVES A TIMELY REQUEST UND ER SUBSECTION (G) OF
THIS SECTION, THE COURT , AFTER A HEARING , MAY DENY THE REQUEST OR
AUTHORIZE THE REQUESTED ADDITIONAL SALE ON T ERMS THE COURT DETER MINES
ARE FAIR AND REASONA BLE, SUBJECT TO THE FOLLO WING LIMITATIONS :
LAWRENCE J. HOGAN, JR., Governor Ch. 402
– 21 –
(1) A SALE AUTHORIZED UNDE R THIS SUBSECTION MA Y OCCUR ONLY
AFTER THE PURCHASE P RICES FOR ALL INTERE STS SUBJECT TO SALE UNDER
SUBSECTIONS (A) THROUGH (F) OF THIS SECTION HAVE BEEN PAID INTO COURT AND
THOSE INTERESTS HAVE BEEN REALLOCATED AMO NG THE COTENANTS AS
PROVIDED IN SUBSECTI ONS (A) THROUGH (F) OF THIS SECTION; AND
(2) THE PURCHASE PRICE FO R THE INTEREST OF A NONAPPEARING
COTENANT IS BASED ON THE COURT’S DETERMINATION OF V ALUE UNDER § 14–707
OF THIS SUBTITLE.
14–709.
(A) (1) IF UNDER § 14–708 OF THIS SUBTITLE ALL THE INTERESTS OF ALL
COTENANTS THAT REQUE STED PARTITION BY SA LE ARE NOT PURCHASED BY OTHER
COTENANTS, OR IF AFTER THE CONC LUSION OF THE BUYOUT A COTENANT REMAINS
THAT HAS REQUESTED P ARTITION IN KIND, THE COURT SHALL ORDE R PARTITION IN
KIND UNLESS THE COUR T, AFTER CONSIDERATION OF THE FACTORS LISTE D IN §
14–710 OF THIS SUBTITLE , FINDS THAT PARTITION IN KIND WILL RESULT IN GREAT
PREJUDICE TO THE COT ENANTS AS A GROUP .
(2) IN CONSIDERING WHETHE R TO ORDER PARTITION IN KIND, THE
COURT SHALL APPROVE A REQUEST BY TWO OR MORE PARTIES TO HAVE THEIR
INDIVIDUAL INTERESTS AGGREGATED .
(B) IF THE COURT DOES N OT ORDER PARTITION I N KIND UNDER
SUBSECTION (A) OF THIS SECTION , THE COURT SHALL ORDE R PARTITION BY SALE
UNDER § 14–711 OF THIS SUBTITLE OR , IF NO COTENANT REQUE STED PARTITION BY
SALE, THE COURT SHALL DISM ISS THE ACTION.
(C) IF THE COURT ORDERS P ARTITION IN KIND IN ACCORDANCE WITH
SUBSECTION (A) OF THIS SECTION , THE COURT MAY REQUIR E THAT ONE OR MORE
COTENANTS PAY ONE OR MORE OTHER COTENANTS AMOUNTS SO THAT THE
PAYMENTS, TAKEN TOGETHER WITH THE VALUE OF THE IN –KIND DISTRIBUTIO NS TO
THE COTENANTS , WILL MAKE THE PARTIT ION IN KIND JUST AND PROPORTIONATE
IN VALUE TO THE FRAC TIONAL INTERESTS HEL D.
(D) IF THE COURT ORDERS P ARTITION IN KIND , THE COURT SHALL
ALLOCATE TO THE COTE NANTS THAT ARE UNKNO WN, UNLOCATABLE , OR THE
SUBJECT OF A DEFAULT JUDGMENT , IF THEIR INTERESTS W ERE NOT BOUGHT OUT
UNDER § 14–708 OF THIS SUBTITLE, A PART OF THE PROPER TY REPRESENTING THE
COMBINED INTERESTS O F THESE COTENANTS AS DETERMINED BY THE CO URT AND
THIS PART OF THE PRO PERTY SHALL REMAIN U NDIVIDED.
Ch. 402 2022 LAWS OF MARYLAND
– 22 –
14–710.
(A) IN DETERMINING WHETHE R PARTITION IN KIND UNDER § 14–709(A) OF
THIS SUBTITLE WOULD RESULT IN GREAT PREJ UDICE TO THE COTENAN TS AS A
GROUP, THE COURT SHALL CONS IDER THE FOLLOWING :
(1) WHETHER THE PROPERTY PRACTICABLY CAN BE D IVIDED AMONG
THE COTENANTS;
(2) WHETHER PARTITION IN KIND WOULD APPORTION THE
PROPERTY IN SUCH A W AY THAT THE AGGREGAT E FAIR MARKET VALUE OF THE
PARCELS RESULTING FR OM THE DIVISION WOUL D BE MATERIALLY LESS THAN THE
VALUE OF THE PROPERT Y IF IT WERE SOLD AS A WHOLE, TAKING INTO ACCOUNT THE
CONDITION UNDER WHIC H A COURT–ORDERED SALE LIKELY WOULD OCCUR ;
(3) EVIDENCE OF THE COLLE CTIVE DURATION OF OW NERSHIP OR
POSSESSION OF THE PR OPERTY BY A COTENANT AND ONE OR MORE PRED ECESSORS
IN TITLE OR PREDECES SORS IN POSSESSION T O THE COTENANT WHO ARE OR WERE
RELATIVES OF THE COT ENANT OR EACH OTHER ;
(4) THE SENTIMENTAL ATTAC HMENT OF A COTENANT TO THE
PROPERTY, INCLUDING ANY ATTACH MENT ARISING BECAUSE THE PROPERTY HAS
ANCESTRAL OR OTHER U NIQUE OR SPECIAL VAL UE TO THE COTENANT ;
(5) THE LAWFUL USE BEING MADE OF THE PROPERTY BY A COTENANT
AND THE DEGREE TO WH ICH THE COTENANT WOU LD BE HARMED IF THE COTENANT
COULD NOT CONTINUE T HE SAME USE OF THE P ROPERTY;
(6) THE DEGREE TO WHICH T HE COTENANTS HAVE CO NTRIBUTED
THEIR PRO RATA SHARE OF THE PROPERTY TAXES , INSURANCE, AND OTHER
EXPENSES ASSOCIATED WITH MAINTAINING OWN ERSHIP OF THE PROPER TY OR
HAVE CONTRIBUTED TO THE PHYSICAL IMPROVE MENT, MAINTENANCE , OR UPKEEP
OF THE PROPERTY ; AND
(7) ANY OTHER RELEVANT FA CTOR.
(B) THE COURT MAY NOT C ONSIDER ANY ONE FACT OR IN SUBSECTION (A)
OF THIS SECTION TO B E DISPOSITIVE WITHOU T WEIGHING THE TOTAL ITY OF ALL
RELEVANT FACTORS AND CIRCUMSTANCES .
14–711.
LAWRENCE J. HOGAN, JR., Governor Ch. 402
– 23 –
(A) IF THE COURT ORDERS A SALE OF PROPERTY , THE SALE SHALL BE AN
OPEN–MARKET SALE UNLESS T HE COURT FINDS THAT A S ALE BY SEALED BIDS O R AN
AUCTION WOULD BE MOR E ECONOMICALLY ADVAN TAGEOUS AND IN THE B EST
INTEREST OF THE COTE NANTS AS A GROUP .
(B) (1) IF THE COURT ORDERS A N OPEN–MARKET SALE AND THE
PARTIES, NOT LATER THAN 10 DAYS AFTER THE ENTRY OF THE ORDER, AGREE ON A
REAL ESTATE BROKER L ICENSED IN THE STATE TO OFFER THE PR OPERTY FOR SALE ,
THE COURT SHALL APPO INT THE BROKER AND E STABLISH A REASONABL E
COMMISSION.
(2) IF THE PARTIES DO NOT AGREE ON A BROKER , THE COURT SHALL
APPOINT A DISINTERES TED REAL ESTATE BROKER LICENSED IN THE STATE TO
OFFER THE PROPERTY F OR SALE AND SHALL ES TABLISH A REASONABLE
COMMISSION.
(3) A BROKER APPOINTED UND ER THIS SUBSECTION S HALL OFFER
THE PROPERTY FOR SAL E IN A COMMERCIALLY REASONABLE MANNER AT A PRICE
NOT LOW ER THAN THE DETERMIN ATION OF VALUE AND O N THE TERMS AND
CONDITIONS ESTABLISH ED BY THE COURT .
(C) IF THE BROKER APPOINT ED UNDER SUBSECTION (B) OF THIS SECTION
OBTAINS WITHIN A REA SONABLE TIME AN OFFE R TO PURCHASE THE PR OPERTY FOR
AT LEAST THE DETERMI NATION OF VALUE:
(1) THE BROKER SHALL COMP LY WITH THE REPORTIN G
REQUIREMENTS IN § 14–712 OF THIS SUBTITLE ; AND
(2) THE SALE MAY BE COMPL ETED IN ACCORDANCE W ITH STATE LAW
OTHER THAN THIS SUBT ITLE.
(D) IF THE BROKER APPOINT ED UNDER SUBSECTION (B) OF THIS SECTION
DOES NOT OBTAIN WITH IN A REASONABLE TIME AN OFFER TO PURCHASE THE
PROPERTY FOR AT LEAS T THE DETERMINATION OF VALUE, THE COURT, AFTER
HEARING, MAY:
(1) APPROVE THE HIGHEST O UTSTANDING OFFER , IF ANY;
(2) REDETERMINE THE VALUE OF THE PROPERTY A ND ORDER THAT
THE PROPERTY CONTINU E TO BE OFFERED FOR AN ADDITIONAL TIME ; OR
(3) ORDER THAT THE PROPER TY BE SOLD BY SEALED BIDS OR AT AN
AUCTION.
Ch. 402 2022 LAWS OF MARYLAND
– 24 –
(E) IF THE COURT ORDERS A SALE BY SEALED BIDS OR AN AUCTION , THE
COURT SHALL SET TERM S AND CONDITIONS OF THE SALE.
(F) IF A PURCHASER IS ENT ITLED TO A SHARE OF THE PROCEEDS OF THE
SALE, THE PURCHASER IS ALS O ENTITLED TO A CRED IT AGAINST THE PRICE IN AN
AMOUNT EQUAL TO THE PURCHASER ’S SHARE OF THE PROCE EDS.
14–712.
(A) A BROKER APPOINTED UND ER § 14–711(B) OF THIS SUBTITLE TO OFFER
PROPERTY FOR OPEN –MARKET SALE SHALL FI LE A REPORT WITH THE COURT NOT
LATER THAN 7 DAYS AFTER RECEIVING AN OFFER TO PURCHASE THE PROPERTY FOR
AT LEAST THE VALUE D ETERMINED UNDER § 14–707 OR § 14–711 OF THIS SUBTITLE.
(B) A REPORT REQUIRED UNDE R SUBSECTION (A) OF THIS SECTION SHAL L
CONTAIN THE FOLLOWIN G INFORMATION :
(1) A DESCRIPTION OF THE P ROPERTY TO BE SOLD T O EACH BUYER;
(2) THE NAME OF EACH BUYE R;
(3) THE PROPOSED PURCHASE PRICE;
(4) THE TERMS AND CONDITI ONS OF THE PROPOSED SALE,
INCLUDING THE TERMS OF ANY OWNER FINANCI NG;
(5) THE AMOUNTS TO BE PAI D TO LIENHOLDERS ;
(6) A STATEMENT OF CONTRAC TUAL OR OTHER ARRANG EMENTS OR
CONDITIONS OF THE BR OKER’S COMMISSION; AND
(7) OTHER MATERIAL FACTS RE LEVANT TO THE SALE .
14–713.
THIS SUBTITLE MODIFIE S, LIMITS, AND SUPERSEDES THE ELECTRONIC
SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. § 7001 ET SEQ.,
BUT DOES NOT MODIFY , LIMIT, OR SUPERSEDE § 101(C) OF THAT ACT, 15 U.S.C. §
7001(C), OR AUTHORIZE ELECTRO NIC DELIVERY OF ANY OF THE NOTICES
DESCRIBED IN § 103(B) OF THAT ACT, 15 U.S.C. § 7003(B).
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
apply only prospectively and may not be applied or interpreted to have any effect on or
application to any partition action filed before the effective date of this Act. LAWRENCE J. HOGAN, JR., Governor Ch. 402
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SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Approved by the Governor, May 16, 2022.