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RULE 12-401. PARTITION OR SALE IN LIEU OF PARTITION

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 12. Property Actions
Chapter 400. Partition
MD Rules, Rule 12-401
RULE 12-401. PARTITION OR SALE IN LIEU OF PARTITION
(a) Scope. This Rule applies in any action where the relief sought is the partition of real or personal property or the sale of real or personal property in lieu of partition.
Cross reference: See Code, Real Property Article, § 14-107.
(b) Judgment for Sale.
(1) When Permitted. When the relief sought is a sale in lieu of partition, the court shall order a sale only if it determines that the property cannot be divided without loss or injury to the parties interested.
(2) Conduct of Sale. The sale shall be conducted in the manner provided by Title 14, Chapter 300 of these rules.
(c) Judgment for Partition.
(1) Appointment of Commissioners. When the court orders a partition, unless all the parties expressly waive the appointment of commissioners, the court shall appoint not less than three nor more than five disinterested persons to serve as commissioners for the purpose of valuing and dividing the property. On request of the court, each party shall suggest disinterested persons willing to serve as commissioners. The order appointing the commissioners shall set the date on or before which the commissioners' report shall be filed. The commissioners shall make oath before a person authorized to administer an oath that they will faithfully perform the duties of their commission. If the appointment of commissioners is waived by the parties, the court shall value and divide the property.
(2) Report of Commissioners. Within the time prescribed by the order of appointment, the commissioners shall file a written report. At the time the report is filed the commissioners shall serve on each party pursuant to Rule 1-321 a copy of the report together with a notice of the times within which exceptions to the report may be filed.
(3) Exceptions to Report. Within ten days after the filing of the report, a party may file exceptions with the clerk. Within that period or within three days after service of the first exceptions, whichever is later, any other party may file exceptions. Exceptions shall be in writing and shall set forth the asserted error with particularity. Any matter not specifically set forth in the exceptions is waived unless the court finds that justice requires otherwise. The court may decide the exceptions without a hearing, unless a request for a hearing is filed with the exceptions or by an opposing party within five days after service of the exceptions.
(d) Costs. Payment of the compensation, fees, and costs of the commissioners may be included in the costs of the action and allocated among the parties as the court may direct.
Source: This Rule is derived as follows:
Section (a) is new.
Section (b) is derived from former Rule BJ71.
Section (c) is derived from former Rule BJ72 and BJ73.
Section (d) is new.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997.]

Editors' Notes

HISTORICAL NOTES
Derivation:
Maryland Rule of Procedure BJ71, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to partition sales, rescinded June 5, 1996, eff. Jan. 1, 1997.
Maryland Rule of Procedure BJ72, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to commissioners, rescinded June 5, 1996, eff. Jan. 1, 1997.
Maryland Rule of Procedure BJ73, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended April 6, 1984, eff. July 1, 1984, related to reports by commissioners, rescinded June 5, 1996, eff. Jan. 1, 1997.
MD Rules, Rule 12-401, MD R PROP ACT Rule 12-401
Current with amendments received through June 15, 2020.
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