Detailed Answer: How to start a partition lawsuit in Maine when relatives won’t agree

When members of a family inherit real property and cannot agree on what to do with it, any co-owner can ask a court to force a division of the property. This forced division is called a partition. In Maine, partition actions are civil lawsuits filed to divide property owned by two or more people (for example, heirs who inherited land as tenants in common). The court can divide the land physically (partition in kind) or order the property sold and divide the proceeds (partition by sale) when physical division is impractical.

Who can file and where to file

Any person who owns an interest in the property can file a partition action against the other co-owners. In Maine, partition actions are generally filed in the Superior Court in the county where the property is located. If the property is still part of an open probate estate, you may need to coordinate with the probate process or seek permission from the personal representative; check with a lawyer or the probate clerk.

Basic steps to start a partition lawsuit

1. Confirm ownership and interests. Pull the deed(s), title history, estate paperwork, and any wills or probate orders. Identify all people with a recorded ownership interest or an apparent claim (heirs, spouses, lienholders).
2. Try negotiating or mediating first. Court action is costly and slow. Offer buyouts, sale, or use a neutral mediator. Mediation can produce faster, cheaper, and more flexible results.
3. Hire an attorney or get court forms. Partition practice involves pleadings, service rules, property descriptions, and sometimes sales procedures; an attorney who handles real property litigation will reduce risk of procedural error. Some self-help resources and local courts provide form guidance, but a lawyer can advise on strategy (partition in kind vs sale, title issues, liens).
4. Prepare the complaint for partition. The complaint must identify the property (legal description), list all owners and their last-known addresses, describe each owner’s interest, explain why partition is necessary, and request the remedy (partition in kind or sale). The plaintiff usually asks the court to appoint a commissioner or referee to oversee division or sale.
5. Serve all defendants properly. You must give legal notice to all co-owners and any parties with recorded interests (mortgagees, lienholders). Maine rules require proper service; failure to serve someone can delay or invalidate the action.
6. Court investigates and appoints a commissioner if needed. If the court orders partition, it may appoint a commissioner, appraiser, or referee to survey, value, and either physically divide the property or manage its sale. The court supervises distribution of proceeds and resolves disputes.
7. Costs, liens, and adjustments. The court will typically order that liens, mortgages, and valid encumbrances be paid from sale proceeds or otherwise accounted for when dividing proceeds. Costs of partition (appraiser, commissioner, advertising, attorney fees in some cases) are usually paid from the property or proceeds before owners receive their share.
8. Final judgment and conveyance. After the division or sale and payment of liens and costs, the court issues a final judgment. The judgment is recorded and the property or sale proceeds are distributed according to the court’s order.

Common legal issues in Maine partition cases

• Tenancy type: Most partition suits involve tenants in common; joint tenancy or survivorship interests can affect who can sue or who actually owns the property.
• Probate overlap: If the land is still held by an estate, you may need probate court involvement or a personal representative’s cooperation.
• Liens and mortgages: Liens must be identified and handled in the partition; a mortgage holder may need to be served and their interest protected.
• Improvements and contributions: Co-owners who paid more than their share (taxes, improvements) can ask the court for an accounting and adjustment before final distribution.
• Physical division feasibility: Some parcels can’t be fairly divided (shape, access, buildings). In those cases, Maine courts commonly order a sale and division of proceeds.

Estimated timeline and costs

Time: A partition action in Maine can take many months to over a year depending on complexity, required surveys, dispute level, and court scheduling. Costs: expect filing fees, service fees, surveyor/appraiser fees, court-appointed commissioner costs, and attorney fees. Settlement or mediation can often reduce time and cost dramatically.

Helpful Maine resources

• Maine Judicial Branch main site: https://www.courts.maine.gov/ — for court locations, filing information, and self-help materials.
• Maine Revised Statutes (searchable): https://legislature.maine.gov/statutes/ — use this site to look up statutes that affect partition, property, and probate.

When to consult an attorney

Consult a Maine real property litigator or civil attorney if any of the following apply: multiple disputed claims of ownership; liens or mortgages; probate complications; disagreement about value or division; potential environmental or zoning issues; or if you want help drafting or defending the complaint. An attorney can prepare pleadings, manage service, retain professionals (surveyors/appraisers), and advocate for the best possible remedy.

Practical next steps you can take today

1. Collect deeds, wills, probate paperwork, mortgage statements, and tax records.
2. List all people with a potential interest and their contact info.
3. Ask the county registry of deeds for an up-to-date title search and the property’s legal description.
4. Try a written settlement offer to co-owners proposing sale, buyout price, or division plan.
5. Contact the Superior Court clerk in the county where the land sits to ask about filing procedures and fees.
6. If negotiation fails, schedule a consultation with a Maine attorney experienced in partition actions.

Helpful Hints

• Start by documenting everything: good records reduce disputes and speed up court work.
• Consider mediation before filing. Courts often favor parties who first try to resolve the dispute without litigation.
• Get a professional survey early if you think a physical division is possible; a surveyor can show whether a fair split is feasible.
• Understand that a partition by sale can depress price — a court-ordered sale may fetch less than a private market sale.
• Ask the court to require accounting of payments (taxes, mortgage payments) so contributions are fairly credited.
• Notify and include lenders and lienholders in the suit — failing to do so can delay or undo a partition judgment.

Disclaimer: This article explains general Maine law information to help you understand the partition process. It is not legal advice, does not create an attorney-client relationship, and may not reflect the most current law. For advice about your specific situation, consult a qualified Maine attorney.