Detailed Answer
This article explains the typical steps and practical considerations for starting a partition lawsuit in Maine when co-owners of real property cannot agree on how to divide it. This is an overview to help you prepare. It is not legal advice.
What a partition action does
A partition action asks a Maine court to divide or sell real property owned by two or more people (for example, tenants in common). The court can order a physical division of the land (partition in kind) if it can be done fairly and without undue prejudice. If a fair physical division is not practical, the court will order a sale of the property and divide the proceeds among the owners according to their shares.
Who can file
Any owner of a present interest in the property—typically a tenant in common or anyone with a recorded ownership interest—can ask the court for partition. You should bring into the case all co-owners and anyone holding a recorded lien or mortgage on the property so the court can resolve rights and obligations in one proceeding.
Where to file
File the partition complaint in the Maine Superior Court in the county where the property is located. Visit the Maine Judicial Branch website for court locations and filing procedures: https://www.courts.maine.gov/. For statutory text and related laws, consult the Maine Legislature website’s statutes page: https://legislature.maine.gov/statutes/.
Typical procedural steps
-
Gather documents and establish standing.
Collect the deed, title report (or running title chain), mortgage and lien documents, property tax records, survey plats, any written agreements among owners, and records of contributions (repairs, taxes, mortgage payments).
-
Try mediated settlement first.
Courts and counsel often encourage negotiation or mediation before filing. Mediation can produce buyouts, agreed boundary lines, or sale terms at much lower cost than litigation.
-
Prepare and file the complaint for partition.
The complaint should identify the property by description, name all current owners and known lienholders, state each party’s claimed ownership share (if known), summarize efforts to agree, and ask the court to order partition—either in kind or by sale—and to resolve costs, expenses, and the parties’ rights. File in the Superior Court for the county where the property lies.
-
Serve all interested parties.
Serve each co-owner, mortgagee, and other recorded lienholders with the complaint and summons according to Maine procedure rules. If you cannot locate a party, the court may allow substituted service or service by publication after you demonstrate reasonable efforts.
-
Pretrial steps: discovery and valuation.
Parties exchange information. The court typically orders appraisals or appoints a referee/commissioner to value the property. Parties may submit evidence about improvements, contributions, and adverse claims that affect division of proceeds.
-
Court decision: partition in kind or sale.
The judge decides whether the property can be physically divided fairly. If so, the court orders the necessary survey and deeds to divide the land. If not, the court orders a sale—often by a court-appointed commissioner or at auction—and directs how to distribute proceeds after paying liens, taxes, and costs.
-
Allocation of costs, credits, and debts.
The court allocates costs of the action (appraisers, commissioner, attorney fees in limited circumstances) and credits for contributions like mortgage payments, taxes, and improvements. The allocation depends on the facts and the court’s equitable discretion.
Practical issues to expect in Maine
- Mortgage and lien holders usually must be joined so the sale or partition occurs subject to their interests.
- If a co-owner buys out the others, the court will often use an appraisal to set a fair buyout price.
- Partition litigation can be costly and slow—appraisals, surveys, and court fees add up.
- Where natural resources, shared driveways, or irregular parcels exist, partition in kind may be impractical and the court will more likely order sale.
- Tax consequences (capital gains, basis adjustments) can follow a sale or buyout. Consult a tax professional.
Where to find Maine-specific rules and help
For filing rules, forms, and court contacts see the Maine Judicial Branch: https://www.courts.maine.gov/. For statutory authority and any statute that may govern partition or related remedies, search Maine Revised Statutes at the Maine Legislature site: https://legislature.maine.gov/statutes/. If you plan to file, consider having a Maine-licensed attorney review your case. An attorney can prepare pleadings, advise about joinder of lienholders, and represent you at hearings.
Helpful Hints
- Do a title search early. Knowing all recorded owners and liens prevents surprises and speeds service.
- Collect evidence of payments and improvements. Receipts, bank statements, and tax records support your claim to credits or reimbursements.
- Consider mediation before filing. It often saves time and money and gives parties more control over the outcome.
- Get at least one professional appraisal before filing. It frames expectations for buyouts or sale proceeds.
- Budget for costs: court filing fees, process service, appraisal, survey, and commissioner fees can be substantial.
- Think about timing: sale markets and seasonal factors can affect sale price if the court orders a sale.
- Include mortgage holders in conversations. A lender’s consent or payoff plan may be necessary to close a sale or transfer title cleanly.
- Ask your attorney about tax consequences of sale or repartition and whether a timed sale or structured buyout reduces tax exposure.
Disclaimer: This information explains general Maine procedures and common issues for partition actions. It is educational only and not legal advice. Laws change and every case turns on specific facts. Consult a Maine-licensed attorney to evaluate your situation and represent you.