RULE 12-408. PARTITION IN KIND
West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023
Effective: July 1, 2023
MD Rules, Rule 12-408
RULE 12-408. PARTITION IN KIND
(1) Generally. If all of the interests of the cotenants that requested partition by sale are not purchased by other cotenants pursuant to Rule 12-407, or, if after the conclusion of a buyout, a cotenant remains that has requested partition in kind, the court, after consideration of the factors listed in subsection (a)(2) of this Rule, shall order partition in kind unless it finds that partition in kind will result in great prejudice to the cotenants as a group.
(B) whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;
Following an order requiring partition in kind, the court shall issue a writ of survey pursuant to Rule 12-101 for the property to be partitioned in kind.
(3) Contents of Survey. The survey shall describe the property by metes and bounds and shall locate all improvements on a survey plat of the property. If the parties agree on lines of division, those lines shall be shown on the plat. If the parties do not agree upon lines of division, the court appointed surveyor shall prepare a plat dividing the property in kind adopting lines of division in accordance with the writ of survey and in accordance with local law.
(C) Objection to Survey Received. If the parties were not able to agree on lines of division, the court shall conduct a hearing to consider each party's concerns, and enter an order approving the survey or instructing the surveyor to make changes to the plat to make the lines of division the court determines to be fair and equitable.
(1) Partition in Kind Ordered by Court. If the court orders partition in kind, the court may require 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 partition in kind just and proportionate in value to the fractional interests held. The court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not purchased by other cotenants pursuant to Rule 12-407, a portion of the property representing the combined interest of these cotenants as determined by the court and this portion of the property shall remain undivided.
Cross reference: See Code, Real Property Article, ยงยง 14-709--14-710.
Source: This Rule is new.
Credits
[Adopted April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 12-408, MD R PROP ACT Rule 12-408
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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