Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
What Is a Partition Action?
Under Maine law, a partition action lets co-owners of real property divide or sell the property when they cannot agree on its use or ownership share. This process appears in Maine Rev. Stat. tit. 14, ch. 556. It ensures each owner can obtain a fair share of the property’s value.
When to File a Partition Action
Co-owners may pursue partition when disagreements arise over:
- Use or occupancy rights
- Maintenance and repair responsibilities
- Distribution of rental or sale proceeds
If informal negotiation fails, any co-owner can petition the Superior Court in the county where the property sits to force partition.
Types of Partition
- Partition in Kind: The court physically divides the property into distinct parcels. See Maine Rev. Stat. tit. 14, § 6051.
- Partition by Sale: If physical division would be impractical or reduce value, the court orders a sale and distributes proceeds. See Maine Rev. Stat. tit. 14, § 6052.
Key Steps in a Partition Action
- File Complaint: A co-owner files a complaint naming all interested parties and describing each owner’s share.
- Service of Process: The plaintiff serves the complaint on all co-owners per court rules.
- Answer and Response: Defendants may answer, raise objections, or assert liens.
- Appointment of Commissioner: The court appoints a commissioner to survey property and report on the feasibility of partition in kind. See Maine Rev. Stat. tit. 14, § 6021.
- Hearing: The court reviews the commissioner’s report, hears evidence, and decides whether to divide the land or order a sale.
- Sale and Distribution: If the court orders a sale, it supervises sale procedures and allocates proceeds after paying liens, commissions, and costs. See Maine Rev. Stat. tit. 14, § 6054.
Relevant Maine Statutes
- Maine Rev. Stat. tit. 14, § 6011: Definitions and scope of partition actions.
- Maine Rev. Stat. tit. 14, § 6051: Partition in kind.
- Maine Rev. Stat. tit. 14, § 6052: Partition by sale.
- Maine Rev. Stat. tit. 14, § 6021: Appointment of commissioners.
- Maine Rev. Stat. tit. 14, § 6054: Distribution of sale proceeds.
Helpful Hints
- Gather all ownership documents, deeds, and records before filing.
- Discuss alternative dispute resolution, such as mediation, to save time and costs.
- Understand that partition actions can take several months to over a year.
- Consider the impact of liens, mortgages, and property taxes on sale proceeds.
- Consult a real estate attorney to review court filings and commission reports.