Md. Code, Real Property § 14-709
This is the official text of Md. Code, Real Property § 14-709, part of Maryland’s Code, Real Property — governs real estate transactions and landlord-tenant law.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§14–709.
Official statutory text
(a) (1) If under § 14–708 of this subtitle all the interests of all cotenants that requested partition by sale are not purchased by other cotenants, or if after the conclusion of the buyout a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in § 14–710 of this subtitle, finds that partition in kind will result in great prejudice to the cotenants as a group.
(2) In considering whether 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 not order partition in kind under subsection (a) of this section, the court shall order partition by sale under § 14–711 of this subtitle or, if no cotenant requested partition by sale, the court shall dismiss the action.
(c) If the court orders partition in kind in accordance with subsection (a) of this section, 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.
(d) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out under § 14–708 of this subtitle, a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property shall remain undivided.
(2) In considering whether 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 not order partition in kind under subsection (a) of this section, the court shall order partition by sale under § 14–711 of this subtitle or, if no cotenant requested partition by sale, the court shall dismiss the action.
(c) If the court orders partition in kind in accordance with subsection (a) of this section, 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.
(d) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out under § 14–708 of this subtitle, a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property shall remain undivided.
Status: in_force · Read it on the official government site
Dealing with a real estate matter in Maryland?
See all Maryland Real Estate lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.