Bill > HB1312

This bill modifies Maryland's real property partition law by introducing new requirements for handling property liens during partition actions. In a partition action (a legal process where co-owners of a property can force a sale or division of the property), if the plaintiff does not procure a comprehensive title report, each party will now be required to notify the court about any outstanding liens on the property, including mortgages, deeds of trust, tax liens, and judgment liens, and provide supporting documentation for each lien. Additionally, the bill changes how the purchase price is calculated when a co-tenant wants to buy out other co-tenants' interests during a partition sale. Instead of simply multiplying the property's total value by a co-tenant's fractional ownership, the bill requires subtracting the total amount of outstanding liens from the property's value before calculating each co-tenant's buyout price. The bill will apply only to partition actions filed on or after October 1, 2025, and will not retroactively affect previously filed cases, ensuring a clear and prospective implementation of these new legal provisions.

Transportation and Infrastructure

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB1312?ys=2025RS