B. [§ 6.18] Sale in Lieu of Partition

• Jurisdiction: Maryland

B. [§ 6.18] Sale in Lieu of Partition

If the court determines that a sale rather than partition is proper, such sale shall be conducted in the manner provided under Maryland Rules Title 14, Chapter 300. The determination of whether property shall be partitioned in kind or sold in lieu of partition is for the court to determine, and the ultimate issue in determining whether to sell or partition is whether or not, upon the basis of a preponderance of the evidence, loss or injury will occur to the parties interested if the property is divided in kind. Boyd...