Can I force the sale of my late father’s house in Maine by filing a partition action?

Short answer: Possibly. If the house is owned jointly by two or more people (for example, by heirs who now own the property together as tenants in common), any co-owner can ask a Maine court to partition the property — either by dividing it (“partition in kind”) or, if dividing is impracticable, by ordering a sale and dividing the proceeds. If title passed entirely to one person by survivorship or via probate, a partition action may not be available until the estate’s ownership is resolved.

Detailed answer — how partition works under Maine law

This is an overview to help you understand the process. This is not legal advice.

1. Who can bring a partition action?

In Maine, a person who holds a present ownership interest in real property (a co-owner) may seek partition. Typical situations where a partition action is available:

• The decedent owned the house and ownership passed to multiple heirs (for example, through intestate succession or by will distributions) so the heirs own as co-tenants or tenants in common.
• Two or more people were co-owners before the decedent died and one co-owner wants the property sold.

If the decedent was the sole owner and title passed to one person (for example, by right of survivorship in a joint tenancy or through a probated will/appointment of personal representative who distributes title), you cannot file a partition against a sole owner — you must follow probate/title transfer remedies instead.

2. Where to file

Partition actions are filed in the Maine Superior Court in the county where the property is located. You will name as defendants all persons with a recorded or known interest in the property (co-owners, lienholders, anyone with an interest shown by deed, mortgage, probate order, or other recorded instrument).

See the Maine Judicial Branch Superior Court information: https://www.courts.maine.gov/courts/superior/

3. Practical first steps (before filing)

1. Check title and current ownership. Obtain a certified copy of the deed(s) and search the county Registry of Deeds for deeds, mortgages, and liens. If you don’t know the county, locate the Registry of Deeds where the property is recorded.
2. Determine whether the decedent’s estate has been opened in probate. If not, you may need to open probate or obtain an order establishing heirs/ownership before (or alongside) a partition action.
3. Send a written demand to the other owners proposing a voluntary sale or buyout. Courts often expect parties to try to negotiate before investing in litigation.
4. Gather evidence: death certificate, copies of deeds, wills, probate filings, mortgage statements, tax bills, and any written agreements among owners.

4. What the partition complaint should include

A typical partition complaint or petition will:

• Identify the property by legal description and street address;
• Name and give addresses for all record owners and all persons who may claim an interest (heirs, devisees, mortgagees, lienholders);
• Allege each plaintiff’s interest (e.g., fraction of ownership or how ownership was obtained);
• Request partition in kind or, if that is not practicable, a sale and distribution of proceeds; and
• Ask the court to appoint a commissioner or master to make the division or conduct the sale, and to handle costs, fees, and sale accounting.

5. Partition in kind vs. partition by sale

The court prefers partition in kind (dividing the land so each co-owner gets a separate parcel) when it can be done without materially reducing value or causing unfairness. If the property cannot be fairly divided — for example, a single house on one lot — the court will usually order a sale. The court may appoint a commissioner to conduct a public sale (often an auction) and then distribute proceeds after paying mortgages, liens, taxes, and court-ordered costs.

6. What happens to mortgages, liens, taxes, and probate claims?

Outstanding mortgages and liens remain attached to the property. The court will typically require mortgages and liens be satisfied from sale proceeds before distributing net proceeds to owners. If the decedent’s estate has claims by creditors, those usually must be resolved in probate; unresolved probate issues can complicate a partition. Coordinate partition work with any probate estate administration to avoid conflicts.

7. Timeline and costs

There is no fixed timeline. A straightforward agreed partition can be faster; contested matters can take many months or longer. Expect filing fees, service fees, costs for a court-appointed commissioner or appraiser, and attorney’s fees if you hire counsel. The court may award costs and sometimes attorney fees depending on conduct and agreements.

8. Options short of litigation

• Negotiate a buyout: one co-owner buys out others at an agreed price (obtain appraisal).
• Mediation or neutral valuation to reach a sale agreement.
• List the property and sell by private agreement; split proceeds according to ownership interests.

9. When to hire a Maine attorney

Consider hiring an attorney if any of these are true: ownership is unclear; there are many claimants or unknown heirs; there are large mortgages, tax liens, or creditor claims; co-owners actively oppose sale; or complex probate issues exist. An attorney can prepare filings, help gather documents, represent you in court, and negotiate buyout or sale terms.

10. Helpful Maine statutes and resources

• Maine Judicial Branch — Superior Court: https://www.courts.maine.gov/courts/superior/
• Maine Probate Court locations and information (for estate administration): https://www.courts.maine.gov/locations/probate/
• Maine Revised Statutes — browse titles and search statutes: https://www.mainelegislature.org/legis/statutes/. (Search for statutes on partition, real estate, and probate as needed.)

Note: partition-specific statutory sections are located in Maine statutes and court rules; use the Maine Legislature site above or consult an attorney for exact section references that apply to your situation.

Helpful Hints

• Start by getting a certified deed and death certificate; these facts determine who you must include in any action.
• Check whether the decedent’s title passed by right of survivorship (joint tenancy) — if so, heirs may not be co-owners and partition may not apply.
• Open probate quickly if the estate hasn’t been opened; an unresolved probate can block title issues and complicate partition.
• Get a current appraisal to establish market value before negotiating buyouts or court-ordered sales.
• Consider mediation before filing; courts appreciate parties who try to resolve disputes without litigation.
• If you file, name everyone with a possible recorded interest (heirs, mortgagees, judgment lienholders) to avoid delays from missing parties.
• Keep records of communications and written settlement offers — the court may consider these in awarding costs or fees.
• Ask the court about appointing a receiver if the property needs upkeep or protection while the case proceeds.

Final note / disclaimer: This article explains general Maine concepts about partition actions to force a sale of co-owned property. It is educational only and is not legal advice. Laws change and specific facts can alter legal options. For advice tailored to your situation, consult a licensed Maine attorney or contact the Maine Bar Association referral service.