Detailed answer — what a partition action does and when to use it

A partition action is a court process that lets co-owners of real property force a physical division of the land (partition in kind) or a sale of the property with proceeds divided among the owners (partition by sale). In Maine, a partition action is the usual remedy when co-owners (often tenants in common after an inheritance) cannot agree about what to do with jointly owned property.

Who can bring a partition action?

Any person who owns an undivided interest in real property may ask the court to partition the property. Before filing, confirm how title is held: tenants in common, joint tenants, or tenancy by the entirety. Tenancy by the entirety (usually for married couples) carries special rules and may prevent partition by the non‑owning spouse. If the property was inherited and the decedent’s interest passed to heirs or devisees, those heirs typically hold it as tenants in common unless the deed or will says otherwise.

Basic steps to file a partition action in Maine

1. Confirm ownership and gather documents. Collect the deed(s), the decedent’s will (if any), death certificate, any probate court orders, mortgage statements, tax records, surveys, and a current title search or abstract. Determine each owner’s percentage interest.
2. Try informal resolution first. Courts encourage co‑owners to negotiate. Options include one owner buying out the other(s), a private sale, or mediation. Attempting negotiation can save time and cost.
3. Choose the proper court and file the complaint. Partition actions are civil proceedings filed in the Maine Superior Court in the county where the property is located. The complaint (sometimes called a petition) identifies the property, lists all owners and interested parties, states each party’s interest, explains why partition is necessary, and requests either a partition in kind or a partition by sale. Your local Superior Court clerk can confirm filing procedures and fees. See the Maine Judicial Branch for court contacts: https://www.courts.maine.gov/
4. Serve all parties and interested persons. After filing, you must properly serve all co‑owners and any other parties who have recorded interests (mortgagees, lienholders, heirs). Maine court rules require service that gives parties notice and an opportunity to respond.
5. Request appointment of commissioners or referees. If the court orders partition in kind or sale, it typically appoints commissioners (or a referee) to inspect the property, value it, and recommend a division or sale terms. The court may order a professional appraisal or require sale at public auction.
6. Respond to contests and handle mortgage/tax issues. Co‑owners can contest the form of partition or raise liens, mortgages, unpaid taxes, or homestead claims. The court resolves these claims before dividing proceeds or allocating parcels. Outstanding mortgages generally remain attached to the property until sale; expect the mortgage holder to be named and given notice.
7. Final decree: division or sale and distribution. After considering the commissioners’ report and any objections, the court issues a decree ordering either physical division or a sale. If the property sells, the court orders the clerk or an appointed officer to distribute proceeds after paying costs, liens, and any court‑awarded expenses or fees.

Relevant Maine law and rules

Maine statutes and court procedures control partition actions. You can review Maine laws and court information at the Maine Legislature and Maine Judicial Branch websites. For text of Maine statutes, start here: https://legislature.maine.gov/statutes/ and for Superior Court procedures and contacts: https://www.courts.maine.gov/

Practical considerations

• Costs: Expect court filing fees, service costs, appraisal and survey fees, commissioner fees, and attorney fees. Partition actions can be expensive; weigh litigation costs against property value.
• Timing: Partition suits can take several months to over a year depending on complexity and disputes.
• Mortgages and liens: These must be resolved or paid from sale proceeds. Title issues can delay distribution.
• Tax consequences: Sale or division can have capital gains or inheritance tax implications. Consult a tax advisor.
• Alternative remedies: If co‑owners agree, a quiet title action, buyout agreement, or mediation might be faster and cheaper.

Helpful hints — prepare before you file

• Get a current title search early to identify all owners and recorded encumbrances.
• Order a professional appraisal to support your requested relief and to help commissioners divide or set sale price.
• Document communications with co‑owners — dates, offers, refusals, and requests for mediation.
• Ask the county Superior Court clerk for local filing requirements and fee schedules.
• Consider mediation: courts sometimes require or favor mediation before fully litigating. Mediation can preserve relationships among family members.
• Preserve evidence of contributions: keep records of mortgage payments, taxes, improvements, and repairs; the court may account for unequal contributions when distributing proceeds.
• Consult a Maine attorney experienced in real property litigation early to evaluate options and prepare pleadings properly.