Requesting a Commissioner for a Private Sale in a Maine Partition Action: What to Know | Maine Estate Planning

Detailed Answer

Short answer: Under Maine law, you can ask a court in a partition action to appoint a commissioner (sometimes called a master or special commissioner) to manage the sale of property and you can request that the sale be a private sale to a particular buyer. The court must be satisfied that a private sale is fair, adequately noticed, and in the best interests of all parties and creditors before it will approve appointment and confirm the sale.

This answer explains how that process usually works in Maine, what the court will look for, common requirements you should expect, and practical steps to increase the chance the court will allow a commissioner to conduct a private sale to your buyer.

How Maine courts handle partition and appointed commissioners

Maine courts have equitable power to divide property owned by co-owners either by physical division (partition in kind) or by sale and division of proceeds. Courts commonly appoint a neutral commissioner or master to carry out tasks the court directs, including selling property when partition in kind is impracticable.

State statutes and court rules set procedure for civil cases, and the Maine courts regularly use appointed commissioners in real property matters. For a general overview of Maine statutory and court-rule provisions that control civil partition and sale processes, see the Maine Revised Statutes (Title 14) and the Maine Judicial Branch court rules:

When a court will approve appointment of a commissioner for a private sale

The court will evaluate whether a private sale to a designated buyer is appropriate. Typical considerations include:

Whether partition in kind is feasible. If the property cannot be fairly divided or dividing it would significantly reduce value, sale is more likely.
The fairness of the proposed sale price and terms. Courts want evidence that the price reflects fair market value (appraisals, broker opinions, market data).
Whether notice to all parties and lienholders is adequate. All co-owners, mortgagees, and other lienholders must be given notice and a chance to object or bid.
Potential conflicts of interest. If the proposed buyer is a co-owner, relative, or otherwise connected to the moving party, the court will scrutinize the sale carefully for collusion or hidden agreements.
Whether the commissioner is neutral and has clear duties, authority, and bonding (if required).
Whether sale proceeds will satisfy liens and the court will protect distribution among parties.

Typical procedure to request a commissioner and a private sale

While local practice varies and judges set specific requirements, a typical sequence includes:

File a formal motion or petition in the partition action asking the court to appoint a commissioner to conduct a private sale. Include a proposed order the court can sign.
Provide full disclosure about the buyer, the purchase agreement, and any relationship between the buyer and any party.
Attach independent evidence of value (a current appraisal or broker price opinion) supporting the sale price.
Propose the commissioner, describe qualifications, and state whether the commissioner will be bonded or supervised by the court.
Propose procedural protections: notice plan to all parties and lienholders, a confirmation hearing date, accounting requirements, handling of closing and escrow, and steps for deposit and distribution of sale proceeds.
Give all parties an opportunity to object; if the sale is opposed, the court will hold a hearing before appointing a commissioner or confirming the sale.
If the court approves a private sale, it will typically require the commissioner to file a report, receipts, and an accounting and will hold a hearing to confirm the sale and enter a distribution order.

Common reasons a court may deny a private sale

Courts may deny a proposed private sale if:

The sale price appears substantially below market value and no justification (e.g., condition issues, buyer’s willingness to handle liens) is shown.
Notice to co-owners or lienholders is insufficient.
The proposed buyer is closely related to a party and the court suspects collusion or unfair advantage.
The proposed procedures for closing and distribution do not adequately protect non-selling co-owners or creditors.

Hypothetical example

Imagine three siblings own a vacation parcel in Maine. One sibling (Owner A) wants out and found an outside buyer who offers $200,000 in cash. The other two siblings (Owners B and C) want to try a partition action. Owner A asks the court to appoint a commissioner to conduct a private sale to the buyer. To succeed, Owner A files a motion that includes an independent appraisal showing the $200,000 is at or near market value, a copy of the signed purchase agreement, a proposal for an impartial commissioner, and a plan to give all siblings and any mortgageholder full notice. The court reviews for fairness and, if satisfied, appoints the commissioner, requires an accounting and confirmation hearing, and orders proceeds held in the court registry until distribution and liens are satisfied.

Practical steps to improve your chance of success

Follow these steps before you ask the Maine court to appoint a commissioner for a private sale:

Obtain at least one independent appraisal or written broker opinion showing fair market value.
Use a neutral, experienced commissioner or propose a respected local attorney or real estate professional with no stake in the sale.
Provide a clear, fully executed purchase agreement and evidence the buyer is ready and able to close (proof of funds or lender pre-approval).
Prepare a detailed proposed order describing the commissioner’s authority, bonding, notice requirements, and how proceeds will be handled.
Give full and accurate notice to all co-owners, mortgagees, lienholders, and any other affected parties as required by court rules and statute.
Be ready to explain why a private sale is better than a public sale (speed, certainty, price, condition, cost savings).

When to get a lawyer

Partition actions involve property, creditors, and complex procedural steps. Consider hiring a Maine lawyer experienced in partition and real estate litigation to prepare a motion, handle objections or hearings, and protect your financial interests. An attorney can draft an order that meets the court’s expectations and reduce the risk the court will deny a private sale.

Where to find the controlling statutes and rules

Consult the Maine Revised Statutes and Maine court rules for procedural specifics in your county and court. Useful starting points:

Maine Revised Statutes, Title 14 (Civil procedure and related provisions)
Maine Rules of Civil Procedure and the Maine Judicial Branch site for local practice and forms

Helpful Hints

Do not attempt a secret or undisclosed sale. Full disclosure to the court and co-owners is critical.
Use an independent appraisal to establish fair market value before filing your motion.
Propose a clearly neutral commissioner and, if possible, a commissioner the court has previously appointed.
Expect the court to require a confirmation hearing before the sale is final and proceeds are distributed.
Protect lienholders’ rights: list mortgages and liens and provide notice; the commissioner’s sale typically cannot defeat valid liens without addressing them.
If co-owners will not agree, consider mediation before trial — courts often favor settlement and buyouts.
Keep proof of buyer’s ability to close (cash proof or financing) to strengthen the request for a private sale.