Detailed Answer

Short answer: Yes—heirs often keep a family home without selling it, but doing so requires agreement and clear written steps. If heirs cannot agree, a court can force a sale (partition). Maine law gives heirs options: a buyout, shared ownership with an agreement, or asking a court to divide or sell the property. This article explains the common routes, practical steps, and what to expect under Maine law.

How ownership typically works after someone dies

When a person dies, the decedent’s property passes according to a will or Maine’s probate rules if there is no will. After probate or administration, title to the real estate usually vests in the heirs. Unless the deed or will creates a different arrangement, multiple heirs commonly hold the property as tenants in common. Each co-owner has an undivided share and the right to use the whole property.

Practical options to keep the house without selling

Buyout – One heir buys the others’ shares for cash (or a promissory note). Use an appraisal to set a fair price and record a deed transfer.
Refinance or assume mortgage – The heir who wants the house can refinance the mortgage in their name and use proceeds to pay siblings. Lenders will require creditworthiness and may not allow assumption.
Co-ownership agreement – Heirs may sign a written agreement covering who lives in the house, expense-sharing (mortgage, taxes, insurance, repairs), rental income rules, and a buy-sell mechanism if someone wants out.
Life estate or tenancy arrangement – Heirs may grant one person a life estate or a formal occupancy agreement giving exclusive use for a period in return for payments or maintenance responsibilities.
Mediation or collaborative settlement – Use mediation to reach a practical settlement if emotions and relationships make direct negotiation difficult.

When a court gets involved: partition actions

If heirs cannot agree, any co-owner can file a partition action. Under Maine civil procedure law, courts can divide land physically (partition in kind) if it is reasonably divisible. If division in kind is impractical, the court can order a sale and divide the net proceeds among the owners according to their shares. A partition sale means the house will usually be sold even if one heir wants to keep it.

For Maine’s statutes on civil actions including partition, see the Maine Revised Statutes, Title 14 (Civil Procedure and Remedies): https://legislature.maine.gov/statutes/14/title14index.html.

Executor or personal representative authority

If the estate is still in probate, the personal representative (executor or administrator) may have statutory authority to sell estate property to pay debts or distribute the estate. That sale is different from a partition by heirs after title vests. For Maine probate rules and the role of personal representatives, see Title 18-C: https://legislature.maine.gov/statutes/18-C/title18-Cindex.html.

Money and tax issues to keep in mind

Get a professional appraisal to set a fair buyout price or determine sale value.
Who pays closing costs, capital gains tax, property taxes, and insurance should be decided in writing.
A buyout may create tax consequences. Encourage heirs to consult a tax advisor about basis, capital gains, and gift taxes.
If one heir lives in the house without compensating others, the others may claim a partition action or a claim for rent or contributions toward expenses.

Common hypothetical illustrating how a buyout works

Three siblings inherit a house valued at $300,000 and each own a one-third share. One sibling wants to keep the house. Options include:

That sibling pays $100,000 to each of the other two (total $200,000), based on the appraisal, and records a new deed.
They refinance the mortgage, withdraw $200,000 equity, and pay the siblings. The lender will require qualifying credit and income.
They sign an agreement to co-own with rules about who lives there, expense shares, and a future buy-sell mechanism.

Steps to take now if you want to keep the house

Get the estate paperwork and confirm who legally owns the property after probate. If the estate is open, talk to the personal representative.
Order a professional appraisal and get a title report to identify mortgages, liens, or restrictions.
Talk to the other heirs; propose a written buyout or co-ownership agreement.
Consider mediation if direct negotiation stalls.
If you decide to buy or refinance, line up lender pre-approval and have a lawyer prepare the necessary deeds and agreements.

When to speak with a Maine attorney

Seek an attorney if heirs disagree, the estate is complex, liens exist, taxes may be significant, or you face the possibility of a court partition. A Maine probate or real property attorney can draft buyout agreements, represent you in a partition action, and advise on probate and tax issues.

Helpful Hints

Put agreements in writing. Oral promises are hard to enforce.
Get an independent appraisal to avoid disputes about value.
Keep records of expenses you pay for the property—mortgage, taxes, insurance, and repairs—if you expect reimbursement or credit from other co-owners.
Explore mediation before filing a partition action. Mediation is faster, cheaper, and preserves family relationships.
Check for liens, unpaid taxes, or mortgages before committing to a buyout—these affect how much each share is worth.
Ask about homestead or probate allowances that might affect distribution—an attorney can identify protections that may apply in Maine.

Disclaimer: This article explains general Maine law and common practices. It is for educational purposes only and does not constitute legal advice. For advice tailored to your situation, consult a licensed Maine attorney.