Partition litigation often becomes necessary when co-owners of property cannot agree on how to divide it. If you find yourself in a situation where you share property with others and can’t reach a resolution, you might wonder if the court can step in and force a sale. The short answer is: Yes, the court can force the sale of the property in partition litigation. Let’s explore how this works in both Maryland and DC.
What is partition litigation?
Partition litigation occurs when co-owners disagree on how to divide property. This can involve real estate, land, or other shared assets. The goal of partition litigation is to provide a fair solution, either by dividing the property or selling it and splitting the proceeds. If you cannot reach an agreement with the other co-owners, filing a partition lawsuit becomes an option.
When can a sale be forced?
In Maryland and DC, the court generally aims to avoid forcing a sale if other options are available. However, if dividing the property physically (called “partition in kind”) is impractical or impossible, the court may order a sale. This often happens when splitting the property would lower its value or be unfeasible. The court’s main objective is to ensure fairness for all parties, even if that means selling the property and dividing the proceeds.
How does the court decide?
The court will consider factors like the property’s size, value, and nature. For example, if you and a co-owner share a small residential property and disagree about plans, the court may find dividing the space unrealistic. In such cases, the court will likely order a sale to avoid complications and ensure the property is sold at fair market value.
What happens after the sale?
If the court orders a sale, the property will usually go to public auction. The proceeds from the sale will then split among the co-owners based on their share of the property. If one party owes money to the others or if other claims exist on the property, the sale proceeds will address those as well.
Partition litigation can be complex, but understanding when and how the court might order a sale helps you prepare for the process ahead.
