Resolving a Co-Owner Deadlock Over Real Property in Maine — FAQ

Disclaimer: This article is for informational purposes only and is not legal advice. It explains general Maine law and common steps people take. For guidance about your situation, consult a licensed Maine attorney.

Detailed Answer — How the law lets a co-owner compel sale or division

When multiple people co-own real property in Maine and they cannot agree about keeping or selling it, Maine law provides a court procedure called a partition action. A partition action asks a court to divide the property among the co-owners (partition in kind) or, if division is impractical, order the property sold and the net proceeds divided among the owners.

Who can start the process?

Any co-owner of the property can file a partition action in the court where the property is located. The proceeding brings all co-owners and persons with recorded interests (mortgages, liens) into the case so the court can resolve ownership and distribute proceeds.

Where to file

You must file in the appropriate Maine court in the county where the property lies. Many partition cases proceed in the Maine Superior Court, which hears most civil property disputes. The Maine Judicial Branch website explains local courts and filing procedures: https://www.courts.maine.gov/.

What courts can order

• Partition in kind: physically divide the land or units when practicable.
• Partition by sale: order a public sale (often by court order or sheriff sale) when dividing the parcel fairly is impractical.
• Appoint a commissioner or referee to value the property, conduct the sale, and report back to the court.
• Adjust shares: account for mortgages, liens, taxes, and unequal contributions (mortgage payments, improvements) when allocating net proceeds.

Statutes and legal authority

Partition claims and related procedures are governed by Maine law. For the text of Maine’s statutes and to locate the specific partition provisions, see the Maine Revised Statutes at the Maine Legislature website: https://legislature.maine.gov/statutes/14. For court rules and local filing information, see the Maine Judicial Branch site: https://www.courts.maine.gov/.

Typical timeline and costs

Partition cases often take several months to over a year, depending on complexity (title issues, number of parties, contested valuations). Costs include filing fees, attorney fees, appraisal and survey costs, and costs for a court-appointed commissioner or sale expenses. The court will typically deduct these costs from sale proceeds before dividing funds among co-owners.

What the court considers when dividing proceeds

The court attempts an equitable distribution. It will reduce the gross sale proceeds by mortgages and liens, property taxes, costs of sale, and may credit or debit co-owners for unequal contributions such as:

• Mortgage payments made by individual co-owners;
• Payments of taxes or insurance by one owner on behalf of all;
• Improvements that increase property value where one owner paid; the court may grant credit or an offset for that contribution.

Alternatives to court (often faster and cheaper)

Before filing, try these options:

• Negotiate a buyout: obtain a neutral appraisal, then one co-owner buys out the others at an agreed price.
• Mediation or arbitration: a neutral mediator helps resolve financial splits and sale terms.
• Agree to a private sale: list and sell the property and split net proceeds per ownership shares.

If there is a mortgage or other encumbrance

A mortgage remains attached to the property. The mortgage lender must be paid from sale proceeds or the buyer must assume the mortgage as allowed. If a co-owner has been paying more of the mortgage, document those payments — the court will consider them in allocating proceeds.

Practical steps to prepare

1. Confirm how title is held (tenants in common vs. joint tenants) by reviewing the deed.
2. Gather documents: deed, mortgage statements, tax bills, insurance records, receipts for improvements, and any written agreements among owners.
3. Get at least one independent appraisal to establish fair market value.
4. Consider a written buyout offer or mediation demand before filing suit. Courts often view reasonable settlement efforts favorably.

Helpful Hints

• Document everything: maintain clear records of payments, improvements, and communications among co-owners.
• Start with appraisal and mediation: courts can be expensive and slow; a mediated buyout can save money and time.
• Know your title type: tenants in common permits forcing a partition; joint tenancy may have survivorship consequences that affect planning.
• Expect credits/offsets: the court typically adjusts distributions for unequal financial contributions.
• Budget for costs: appraisals, court costs, commissioners, and attorney fees can significantly reduce proceeds.
• Consider tax consequences: sale proceeds or a buyout may have capital gains tax implications—consult a tax professional.
• Act sooner rather than later: waiting can increase carrying costs (taxes, insurance, mortgage) and complicate accounting.
• Get local legal help: a Maine-licensed real estate attorney can explain court filing requirements, deadlines, and estimate likely outcomes for your county.

For the statutory language and to locate the partition provisions in the Maine Revised Statutes, start at the Maine Legislature’s statutes page: https://legislature.maine.gov/statutes/14. For filing rules and contact information for the local court, see the Maine Judicial Branch: https://www.courts.maine.gov/.

If you want, provide a brief summary of your ownership facts (how title is held, any mortgages, who pays what, and your county), and you’ll get a tighter checklist of next steps to consider.