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RULE 12-404. COMPLAINT

West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023

West's Annotated Code of Maryland
Maryland Rules
Title 12. Property Actions
Chapter 400. Partition
Effective: July 1, 2023
MD Rules, Rule 12-404
RULE 12-404. COMPLAINT
Currentness
(a) Contents. A complaint for partition by sale or partition in kind shall be signed and verified by the plaintiff and shall contain at least the following information:
(1) a description of the property that is the subject of the action, including its legal description and its street address or common designation, if any;
(2) the fractional interest of the plaintiff in the property and the basis of this interest;
(3) the names of all cotenants that are of record, known to the plaintiff, or reasonably apparent from an inspection of the property or a title report attached pursuant to section (b) of this Rule and the fractional interest of each cotenant;
(4) the names of all persons having an interest in the property;
(5) if the name of a person required to be named as a defendant is not known to the plaintiff, a statement that the name is unknown and, if applicable, a statement that there are persons unknown to the plaintiff who may (1) have a legal or equitable interest in the property or (2) assert that there may be a cloud on the title;
(6) if the interest of a person required to be named as a defendant is unknown, uncertain, or contingent, a statement by the plaintiff to this effect;
(7) if all cotenants have agreed upon the value or the method of valuation of the property, a record signed by each cotenant confirming the agreed upon valuation or valuation method; and
(8) a request for an order from the court granting a partition in kind or partition by sale.
(b) Exhibit. The complaint may be accompanied by a copy of a title report supported by an affidavit by the person making the title search that a complete search of the public records has been performed in accordance with generally accepted standards of title examination for the period of at least 60 years immediately before the filing of the complaint.
Committee note: A joint tenant may not request a partition in kind or partition by sale unless the joint tenancy is first severed and all joint tenants are rendered tenants in common. This Chapter does not alter the principle that tenants by the entirety property may not be subject to a partition action.
Source: This Rule is new.

Credits

[Adopted April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 12-404, MD R PROP ACT Rule 12-404
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
End of Document