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<section article="grp" article_name="Real Property" number="14-708" title_number="14" title_name="Miscellaneous Rules" subtitle_number="7" subtitle_name="Partition of Real Property">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <text>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.</text>
  </level>
  <level label="c">
    <text>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.</text>
  </level>
  <level label="d">
    <text>After expiration of the period described in subsection (b) of this section, the following rules apply:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <text>If more than one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall:</text>
      <level label="i">
        <text>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;</text>
      </level>
      <level label="ii">
        <text>Notify all the parties that more than one cotenant elected to buy all the interests of the cotenants that requested partition by sale; and</text>
      </level>
      <level label="iii">
        <text>Send notice of the price to be paid by each electing cotenant; or</text>
      </level>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>After the date set by the court under paragraph (1) of this subsection, the following rules apply:</text>
      <level label="i">
        <text>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;</text>
      </level>
      <level label="ii">
        <text>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</text>
      </level>
      <level label="iii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>After the 20–day period described in paragraph (1) of this subsection, the following rules apply:</text>
      <level label="i">
        <text>If only one cotenant pays the entire price for the remaining interest, the court shall:</text>
        <level label="1">
          <text>Issue an order reallocating the remaining interest to that cotenant; and</text>
        </level>
        <level label="2">
          <text>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;</text>
        </level>
      </level>
      <level label="ii">
        <text>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</text>
      </level>
      <level label="iii">
        <text>If more than one cotenant pays the entire price for the remaining interest, the court shall:</text>
        <level label="1">
          <text>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</text>
        </level>
        <level label="2">
          <text>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.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="g">
    <text>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.</text>
  </level>
  <level label="h">
    <text>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:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
</section>
