Detailed Answer — how the process works in Maine

This section explains step-by-step how to pursue a partition action in Maine when you own an inherited interest and want the property sold. It uses a simple hypothetical: you inherited a one‑third interest in family land that three heirs now own as tenants in common and the other co‑owners refuse to sell.

1. Confirm your ownership and how title is held

Start by collecting deeds, the decedent’s will or probate paperwork, and any recorded documents affecting title. Many inherited interests end up as tenancy in common; that form of ownership allows any co‑owner to seek partition. If the property is held as tenancy by the entirety or as joint tenancy with survivorship, the rules differ and you will need to identify whether a partition action is appropriate.

2. Try to resolve the matter without court

Maine courts expect parties to attempt resolution before litigation. Contact co‑owners, propose a sale, offer to buy their interests, or suggest mediation. Resolving the dispute privately saves time and fees. If mediation fails or a co‑owner refuses to negotiate, you can proceed to court.

3. Where to file and what court

File a civil complaint for partition in the Maine Superior Court in the county where the property is located. The complaint names all owners and any lienholders or known persons with claims. The court will serve parties and lienholders with process.

4. What to include in the complaint

• Legal description of the property (from the deed or assessor’s records).
• A clear statement of each party’s asserted ownership share (e.g., “Plaintiff owns an undivided one‑third interest”).
• Facts showing why partition is proper (co‑ownership, refusal to agree to sale, inability to manage property jointly).
• A request for relief: partition in kind, or if that is not practicable, sale and division of proceeds; appointment of a commissioner or referee to carry out the partition or sale; and costs, fees, and accounting for improvements, taxes, and rents.

5. Service and response

After filing, all co‑owners and interested parties must be served. They may appear, object, or ask the court to suspend sale while claims are resolved. If a party cannot be located, the court may allow service by publication under appropriate rules.

6. Partition in kind vs. sale

The court prefers partition in kind (dividing land into separate parcels) when fair division is practical. If dividing the parcel would be impractical or would materially reduce value, the court can order a public sale and divide the net proceeds among owners according to their interests, adjusted for contributions, liens, and expenses.

7. Appointment of a commissioner or referee

The court commonly appoints a commissioner, referee, or master to conduct surveys, prepare proposed divisions or sale plans, supervise a sale, and submit a report. Parties can object to the report and ask the court to modify it before final order.

8. Accounting for contributions and liens

The court will account for payments that affect final division: mortgage or tax payments, necessary repairs, rents collected, and contributions to improvements. Lenders’ liens and other encumbrances remain attached to the property and must be paid from sale proceeds or otherwise resolved.

9. Practical timeline and costs

Timelines vary; a straightforward partition can take several months. Complex title disputes, missing parties, lien resolution, or appeals can extend the process to a year or more. Expect filing fees, service fees, surveyor and commissioner costs, possible appraisal fees, and attorney fees if you hire counsel. Often the court can order the losing or prevailing party to bear some costs, but you should plan for out‑of‑pocket expenses.

10. Special issues to watch for in Maine

• Homestead or occupancy claims by a surviving spouse can affect the court’s approach and timetable.
• Minors or incapacitated persons owning an interest require appointment of a guardian ad litem or court protection.
• Properties in trust, or interests created by deeds with special clauses, may require interpretation by the court.
• State and local liens (taxes) have priority; clear them or expect sale proceeds to satisfy them.

11. After the sale

The court or appointed official pays liens, taxes, sale costs, commissions, and then distributes net proceeds to owners according to the court’s accounting. The court then issues an order confirming sale and directing distribution; the buyer (if sold) receives a court‑confirmed deed.

Where to read Maine law and get court forms

For the statutes and civil rules relevant to partition and real property procedure, consult the Maine Revised Statutes and the Maine Judicial Branch resources:

• Maine Revised Statutes (Title 14 and related sections): https://legislature.maine.gov/statutes/14/
• Maine courts and civil filing information: https://www.courts.maine.gov
• Maine probate and estate matters (for issues tied to inheritance): https://legislature.maine.gov/statutes/18-A/

Note: the links above point to official Maine government sites where you can review statutes, rules, and court resources. Specific statute subsections on partition procedure and related remedies appear within the civil procedure and property chapters.

Helpful Hints

• Gather key documents before you file: deed(s), estate paperwork (will, probate inventory), tax records, mortgage statements, and any written agreements among owners.
• Check county property records and tax assessor maps for the legal description and parcel identification number.
• Ask for mediation first. Courts often view good‑faith negotiation favorably and it can save significant cost.
• Get a title search early to identify liens and other encumbrances that affect sale proceeds.
• Consider whether you want a sale now or prefer partition in kind. If you want cash, ask for a sale in your complaint.
• Be mindful of deadlines for serving parties and filing required affidavits or notices with the court.
• If co‑owners are missing or uncooperative, discuss service by publication or appointment of a guardian ad litem for minors or incapacitated owners.
• Cost out potential court and professional fees (surveyor, appraiser, commissioner) so you understand likely net proceeds.
• Consult a Maine attorney if title is complex, if the property is encumbered, or if co‑owners raise disputes about shares, contributions, or family agreements.