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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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*hb1439*
HOUSE BILL 1439
N1 6lr0961
HB 1312/25 – ENT & JUD
By: Delegates Reilly, Anderson, Arentz, Baker, Beauchamp, Ciliberti, Griffith,
Hornberger, Hutchinson, McComas, T. Morgan, Rose, Tomlinson, and
Valentine
Introduced and read first time: February 13, 2026
Assigned to: Economic Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2026
CHAPTER ______
AN ACT concerning 1
Real Property – Partition of Property – Liens and Purchase Price Adjustments 2
FOR the purpose of requiring a party to a partition action to timely notify the court of the 3
type and amount of each outstanding lien on the property if the pl aintiff is not 4
required to procure a title report; altering the calculation of the purchase price for 5
the interest of a cotenant; requiring the court to adjust the purchase price for the 6
interest of a cotenant based on certain costs and certain income from the property; 7
and generally relating to liens, purchase price adjustments, and the partition of real 8
property. 9
BY repealing and reenacting, without amendments, 10
Article – Real Property 11
Section 14–701(a) and (c) and 14–708(a) 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2025 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Real Property 16
Section 14–703 and 14–708(b) and (c) 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2025 Supplement) 19
2 HOUSE BILL 1439
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Real Property 3
14–701. 4
(a) In this subtitle the following words have the meanings indicated. 5
(c) “Partition by sale” means a court –ordered sale of proper ty, whether by 6
auction, sealed bids, or open–market sale conducted under § 14–711 of this subtitle. 7
14–703. 8
(A) In an action under this subtitle, the court on its own motion or on motion of 9
any party may issue an order: 10
(1) For the appointment of an attorney to protect the interest of any party 11
to the same extent and effect as provided under Rule 2 –203 of the Maryland Rules with 12
respect to individuals not in being; 13
(2) To require joinder of any additional parties that are necessary or 14
proper; and 15
(3) To require that the plaintiff: 16
(i) Procure a title report supported by an affidavit by the person 17
making the title search that a complete search of the public records has been performed in 18
accordance with generally accepted standards of title ex amination for the appropriate 19
period as determined by the court, but not less than 60 years; and 20
(ii) Designate a place where the title report shall be kept for 21
inspection, use, and copying by the parties. 22
(B) (1) IF A PLAINTIFF IS NOT REQUIRED TO PROCURE A TITLE REPO RT 23
IN ACCORDANCE WITH S UBSECTION (A)(3) OF THIS SECTION , EACH PARTY SHALL 24
TIMELY NOTIFY THE COURT OF THE TYPE AND AMOUNT OF EACH OUTSTANDING LIEN 25
ON THE PROPERTY THAT THE PARTY KNOWS OR SHOULD KNOW OF, INCLUDING ANY 26
MORTGAGE, DEED OF TRUST, TAX LIEN, AND JUDGMENT LIEN. 27
(2) THE NOTICE TO THE COU RT UNDER THIS SUBSEC TION SHALL 28
INCLUDE SUPPORTING D OCUMENTATION FOR EAC H OUTSTANDING LIEN O N THE 29
PROPERTY AND THE AMOUNT OWED. 30
14–708. 31
HOUSE BILL 1439 3
(a) If any cotenant requested partition by sale, after t he determination of value 1
under § 14–707 of this subtitle, the court shall send notice to the parties that any cotenant, 2
except a cotenant that requested partition by sale, may buy all the interests of the cotenants 3
that requested partition by sale. 4
(b) (1) Not later than 45 days after the notice is sent under subsection (a) of 5
this section, any cotenant[, except a] MAY: 6
(I) IF THE cotenant [that requested] DID NOT REQUEST partition 7
by sale, [may] give notice to the court that the cotenant elects to buy all the interests of the 8
cotenants that requested partition by sale; AND 9
(II) REQUEST THAT THE COURT ADJUST THE PURCHASE PRICE 10
IN ACCORDANCE WITH SUBSECTION (C)(2)(I) OF THIS SECTION. 11
(2) TO THE EXTENT POSSIBL E, A COTENANT REQUESTIN G AN 12
ADJUSTMENT TO THE PURCHASE P RICE BY THE COURT IN ACCORDANCE WITH 13
SUBSECTION (C)(2)(I) OF THIS SECTION SHAL L INCLUDE SUPPORTING 14
DOCUMENTATION WITH THE REQUEST. 15
(c) (1) [The] SUBJECT TO AN ADJUSTM ENT BY THE COURT IN 16
ACCORDANCE WITH PARA GRAPH (2) OF THIS SUBSECTION , THE purchase price for 17
each of the interests of a cotenant that requested partition by sale is the PRODUCT OF: 18
(I) THE value of the entire parcel determined under § 14–707 of this 19
subtitle [multiplied by the] MINUS THE TOTAL AMOUNT OF EACH OUTSTANDING LIEN 20
ON THE PROPERTY , IF ANY, INCLUDING A MORTGAGE , DEED OF TRUST , TAX LIEN, 21
AND JUDGMENT LIEN; AND 22
(II) THE cotenant’s fractional ownership of the entire parcel. 23
(2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE 24
COURT SHALL ADJUST THE PURCHASE PRICE CALCULATED UNDER PARAGRAPH (1) 25
OF THIS SUBSECTION IF THE COURT DETERMINES THAT A COTENANT HAS, WITHOUT 26
EQUITABLE DISTRIBUTION TO OTHER COTENANTS: 27
1. INCURRED WITHOUT EQUITABLE CON TRIBUTION BY 28
OTHER COTENANTS , INCURRED NECESSARY COSTS , SUCH AS PROPERTY TAX ES, 29
MORTGAGE PAYMENTS, HOMEOWNERS INSURANCE, OR REQUIRED MAINTENA NCE; 30
OR 31
2. EARNED WITHOUT EQUITABLE DIS TRIBUTION TO 32
OTHER COTENANTS, EARNED INCOME ATTRIBUTABLE TO THE PROPERTY, SUCH AS 33
RENTAL INCOME. 34
4 HOUSE BILL 1439
(II) BEFORE MAKING A FINAL DETERMINATION OF THE 1
ADJUSTED PURCHASE PRICE, THE COURT SHALL: 2
1. NOTIFY ALL COTENANTS OF THE ADJUSTED 3
PURCHASE PRICE UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH; AND 4
2. ON REQUEST OF ANY COTENANT, HOLD A HEARING TO 5
ALLOW ALL COTENANTS TO PRESENT ADDITIONAL EVIDENCE OF NECESSARY COSTS 6
OR INCOME EARNED FROM THE PROPERTY FOR THE COURT TO CONSIDER. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 8
apply only prospectively and may not be applied or interpre ted to have any effect on or 9
application to any partition action filed before the effective date of this Act. 10
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2026. 12
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.