Maryland § 14-708

§ 14-708.

    (a)    If any cotenant requested partition by sale, after the determination of value under § 14–707 of this subtitle, the court shall send notice to the parties that any cotenant, except a cotenant that requested partition by sale, may buy all the interests of the cotenants that requested partition by sale.

    (b)    Not later than 45 days after the notice is sent under subsection (a) of this section, any cotenant, except a cotenant that requested partition by sale, may give notice to the court that the cotenant elects to buy all the interests of the cotenants that requested partition by sale.

    (c)    The purchase price for each of the interests of a cotenant that requested partition by sale is the value of the entire parcel determined under § 14–707 of this subtitle multiplied by the cotenant’s fractional ownership of the entire parcel.

    (d)    After expiration of the period described in subsection (b) of this section, the following rules apply:

        (1)    If only one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall notify all the parties;

        (2)    If more than one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall:

            (i)    Allocate the right to buy those interests among the electing cotenants based on each electing cotenant’s existing fractional ownership of the entire parcel divided by the total existing fractional ownership of all cotenants electing to buy;

            (ii)    Notify all the parties that more than one cotenant elected to buy all the interests of the cotenants that requested partition by sale; and

            (iii)    Send notice of the price to be paid by each electing cotenant; or

        (3)    If no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall send notice to all the parties and resolve the partition action under § 14–711(a) and (b) of this subtitle.

    (e)    (1)    If the court sends notice to the parties under subsection (d)(1) or (2) of this section, the court shall set a date not sooner than 60 days after the date the notice was sent by which electing cotenants must pay their apportioned price into the court.

        (2)    After the date set by the court under paragraph (1) of this subsection, the following rules apply:

            (i)    If all electing cotenants pay their apportioned price into court on time, the court shall issue an order reallocating all the interests of the cotenants and disburse the amounts held by the court to the persons entitled to the funds;

            (ii)    If no electing cotenant pays the cotenant’s apportioned price on time, the court shall resolve the partition action under § 14–709(a) and (b) of this subtitle as if the interests of the cotenants that requested partition by sale were not purchased; or

            (iii)    If one or more but not all of the electing cotenants fail to pay their apportioned price on time, the court, on motion, shall give notice of the interest remaining and the price for that interest to the electing cotenants that paid their apportioned price.

    (f)    (1)    Not later than 20 days after the court gives notice under subsection (e)(2)(iii) of this section, any cotenant that paid the cotenant’s apportioned price may elect to purchase all of the remaining interest by paying the entire price into the court.

        (2)    After the 20–day period described in paragraph (1) of this subsection, the following rules apply:

            (i)    If only one cotenant pays the entire price for the remaining interest, the court shall:

                1.    Issue an order reallocating the remaining interest to that cotenant; and

                2.    Promptly issue an order reallocating the interests of all of the cotenants and disburse the amounts held by the court to the persons entitled to them;

            (ii)    If no cotenant pays the entire price for the remaining interest, the court shall resolve the partition action under § 14–709(a) and (b) of this subtitle as if the interests of the cotenants that requested partition by sale were not purchased; and

            (iii)    If more than one cotenant pays the entire price for the remaining interest, the court shall:

                1.    Reapportion the remaining interest among those paying cotenants, based on each paying cotenant’s original fractional ownership of the entire parcel divided by the total original fractional ownership of all cotenants that paid the entire price for the remaining interest; and

                2.    Promptly issue an order reallocating all of the cotenants’ interests, disburse the amounts held by the court to the persons entitled to them, and refund any excess payment held by the court.

    (g)    Not later than 45 days after the court sends notice to the parties under subsection (a) of this section, any cotenant entitled to buy an interest under this section may request the court to authorize the sale as part of the pending action of the interests of cotenants named as defendants and served with the complaint but that did not appear in the action.

    (h)    If the court receives a timely request under subsection (g) of this section, the court, after a hearing, may deny the request or authorize the requested additional sale on terms the court determines are fair and reasonable, subject to the following limitations:

        (1)    A sale authorized under this subsection may occur only after the purchase prices for all interests subject to sale under subsections (a) through (f) of this section have been paid into court and those interests have been reallocated among the cotenants as provided in subsections (a) through (f) of this section; and

        (2)    The purchase price for the interest of a nonappearing cotenant is based on the court’s determination of value under § 14–707 of this subtitle.