Detailed Answer
Tenancy by the Entirety and Partition
Under Maine law, most real estate acquired by spouses during marriage is held as a tenancy by the entirety. In this form of ownership, neither spouse can unilaterally sell, encumber, or partition the property. The only ways to end a tenancy by the entirety are divorce, mutual agreement, or death of one spouse. See M.R.S. Title 33 §751.
When You Can’t File a Partition Suit
Because a tenancy by the entirety prevents unilateral partition, you cannot file a partition action in Superior Court while still married and holding title this way. See M.R.S. Title 33 §752 (spouse cannot convey interest without consent).
Exceptions: Separate or Tenants in Common Interests
If you and your spouse hold property as tenants in common (for example, real estate owned before marriage or converted by deed), each co-owner has the right to partition. You may file a partition action under M.R.S. Title 14 §6031. In practice, conveyance documents or a written agreement must show tenancy in common.
Converting to Tenants in Common Before Divorce
To partition property before final divorce, you can:
- Execute a deed with your spouse converting the property from tenancy by the entirety to tenants in common.
- Record the deed in the county Registry of Deeds.
- File a partition action in Superior Court if the co-owner does not agree to sell or divide the property amicably.
Property Division in Divorce
If conversion is not possible, the simplest path is to include the property in your divorce filing. Maine law requires equitable distribution of marital assets. The court can divide or order sale of the property in your divorce decree under M.R.S. Title 19-A §951.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.