When more than one name is on a deed, every one of those names usually has to sign to sell the whole house. That sounds simple until one owner lives in Texas, one is going through a divorce, one has died, and one just does not want to sell. This piece walks through how Maryland treats co-owned houses and what your real options are when the owners do not agree.
Start with the deed, not the family story
Who owns the house and how they own it are both on the recorded deed, and that matters more than who paid the mortgage or who lives there. Pull a copy from the county land records, or ask a title company to run a quick search. Look at the words right after the owners’ names.
Tenants by the entirety. Only married couples can hold title this way. Neither spouse can sell or borrow against the house alone, and when one spouse dies the other owns it outright. Creditors of just one spouse generally cannot reach it.
Joint tenants. In Maryland, survivorship has to be stated in the deed, usually with language like “as joint tenants with right of survivorship.” When one joint tenant dies, the survivors own the house without probate. While everyone is alive, each joint tenant can sell their own share, which turns that share into a tenancy in common. Handling several owners on one deed on a Towson house? See selling a house in Towson.
Tenants in common. This is the default when a deed names unmarried co-owners and says nothing else. Each owner has a share, and the shares do not need to be equal. When a tenant in common dies, their share passes through their will or estate, not to the other owners.
That last point is where most messy co-ownership starts. A house bought by two siblings as tenants in common can end up, two generations later, owned by a dozen cousins.
When every owner agrees
If all owners want to sell, the process looks like any other sale, with a little extra coordination.
- Agree on a price range and a sale method in writing, even by email.
- Pick one person to be the main contact with the buyer and title company.
- Decide how proceeds get split. The default is by ownership share, but owners can agree to credit someone who paid taxes, insurance, or repairs.
- Plan for signing. Out-of-state owners can sign in front of a notary where they live, or appoint someone with a power of attorney that a Maryland title company will accept.
- Have title check for liens against any single owner. A judgment against one co-owner can attach to that owner’s share and must be paid from their part of the proceeds.
When one owner will not sign
You cannot force a sale by majority vote. A 75% owner still needs the 25% owner’s signature to sell the whole house. What you can do depends on why that person is saying no.
Sometimes the holdout wants more money, more time, or to be heard. A written buyout offer, a fair appraisal, or an agreed move-out date solves more of these than lawyers do.
Sometimes the holdout lives in the house and does not want to leave. Sometimes they cannot be found at all. Those situations usually need a lawyer.
You can also sell just your own share. A tenant in common can deed away their interest without the others signing. Very few buyers want a partial interest in a house they cannot control, so expect a steep discount if you go this way.
Partition: the court-ordered exit
When co-owners cannot agree, any one of them can ask the circuit court to partition the property. In 2022 Maryland rewrote its partition rules in Real Property Article 14-701 through 14-713, which took effect October 1, 2022.
Under that law, the court generally has the property’s fair market value determined, then gives the other co-owners a chance to buy out the owner who asked for the sale. If no buyout happens, the court decides whether the property can be split physically, which is rare for a single house, or must be sold. A court-ordered sale is usually an open-market sale through a licensed Maryland broker at a price the court approves, rather than a quick courthouse auction.
Partition takes months, costs legal fees that usually come out of the sale proceeds, and puts family relationships under strain. The threat of it, though, often brings people back to the table.
Special situations
One owner has died. If the deed was joint with survivorship or by the entirety, the survivors usually record the death certificate and move on. If it was a tenancy in common, the dead owner’s share goes through probate, and the personal representative signs for that share once they have Letters from the Register of Wills. See /blog/how-long-does-probate-take-in-maryland/.
Owners are divorcing. The court in the divorce case can order a sale of a jointly owned family home, and a court-appointed trustee may handle it. Read /sell-house-during-divorce-maryland/.
The mortgage is behind. Co-owners who disagree about selling can lose the house to foreclosure while they argue. If notices are arriving, call Maryland HOPE at 1-877-462-7555 and a HUD-approved housing counselor now, and read /stop-foreclosure/.
How a cash sale can help co-owners
When owners agree to sell but disagree about repairs, showings, or who manages the work, a direct cash sale can cut those arguments down. One offer, one price, one settlement date, and the title company splits the proceeds by the shares on the deed or by a written agreement among the owners. I can send each owner the same written offer so nobody feels left out of the conversation.
Do all owners have to be at settlement?
No. Owners can sign ahead of time before a notary, or use a valid power of attorney. The title company will tell you what format they need.
Can one co-owner live in the house rent free?
Each co-owner generally has a right to use the whole property. Arguments over rent, taxes, and repairs are usually settled when the house is sold or in a partition case.
What if we cannot find one of the owners?
A title company or attorney can run a search. If the owner still cannot be found, a court process is usually required before the whole house can sell.
Talk through your situation
Call or text Evan Weissman at (410) 498-7473 with the names on the deed and where each owner stands. You can also send the details through /contact-us/.