Short answer

Yes — in Maine, an owner of real property who holds an undivided interest with others can usually ask a court to divide the property or order its sale through a partition action. The court will allow a forced sale when division “in kind” (splitting the land) is impractical or would cause unfairness. The process has steps, exceptions, and possible costs, so many owners try negotiation or buyouts first.

Detailed answer — how a forced sale (partition) works under Maine law

1. Who can force a sale?

Generally, any co-owner who holds a present ownership interest (an undivided share) — typically a tenant in common or joint tenant — may start a partition action. A proceeding asks the court to either physically divide the property (partition in kind) or sell the property and divide the proceeds (partition by sale). The court chooses the remedy that is fair and practical.

2. Important ownership distinctions

• Tenants in common: each owner may seek partition.
• Joint tenants (with right of survivorship): courts still permit partition actions by a living joint tenant to sever the interest.
• Tenancy by the entirety (usually limited to married couples): many states treat this differently; one spouse generally cannot unilaterally force partition against the other. If you think the property is held as tenancy by the entirety, you should confirm the title form before proceeding.

3. How a partition case proceeds

1. Filing: a co-owner files a partition action in the Superior Court in the county where the property sits. The petition names all owners and asks for partition.
2. Service and response: other owners get notice and can respond, raise defenses, or propose a buyout/agreement.
3. Investigation and valuation: the court may order appraisals, title review, and discovery about liens or encumbrances (mortgages, tax liens). Mortgages and liens typically remain attached to the property and must be paid from sale proceeds.
4. Partition in kind vs. sale: the court first considers whether the property can reasonably be divided so each owner gets a fair portion (partition in kind). If division would be impractical, inequitable, or would significantly reduce value, the court will order sale and divide proceeds among owners according to their ownership shares.
5. Appointment of commissioners or master: the court may appoint commissioners to survey or manage the sale process. The court supervises sale mechanics and distribution of net proceeds after costs and lien payments.

4. Practical effects of a court-ordered sale

• Costs: court costs, appraisal fees, attorney fees, and sale expenses come out of the proceeds, reducing what co-owners receive.
• Liens and mortgages: outstanding mortgages and liens must be satisfied from sale proceeds or addressed in the partition judgment. A mortgage usually follows the property, not the owner.
• Buyout options: before sale the court often allows one owner to buy out others at appraised value; negotiating a buyout can avoid sale and lower costs.

5. Defenses and complications

Other owners can oppose a partition on several bases — for example, claiming they hold a different legal interest (like tenancy by the entirety), asserting an agreement that prevents sale, showing a pending probate or foreclosure matter that affects title, or demonstrating that partition would unfairly harm minor or dependent family members. Courts also consider severing an interest when the land has special character (family home, farm, or property with unique improvements), which might favor partition in kind or a negotiated solution.

6. Where the law says this (statute reference)

Maine allows partition actions through the civil process available in its courts. For the statutory rules governing partition procedures in Maine, see the Maine Revised Statutes at: 14 M.R.S. §6321 (Action for partition). That section and related statutory provisions describe the court’s power to partition real property and order sale when division in kind is impractical.

7. Timing — how long will it take?

Timing varies. Simple, uncontested partitions (with agreement or quick buyout) can resolve in a few months. Contested actions with appraisals, title disputes, or appeals can take a year or more. Expect additional time if sale preparation, marketing, or foreclosure-related issues exist.

Helpful hints — steps to take now

• Confirm how title is held: obtain a copy of the deed from the registry of deeds. The deed wording shows whether owners are tenants in common, joint tenants, or tenants by the entirety.
• Gather documents: deed, mortgage statements, tax bills, homeowner association rules, wills or probate papers, and any written agreements among owners.
• Communicate in writing: send a clear written proposal (buyout, timeline for sale, or mediation request) and keep records of responses.
• Consider mediation: neutral mediation often resolves disputes faster and cheaper than court. Courts sometimes require or encourage mediation before or during litigation.
• Get a market appraisal early: a reliable appraisal helps evaluate buyout offers or set a reserve price if sale becomes necessary.
• Check liens and mortgages: a title search reveals encumbrances. Understand who will pay what from the sale proceeds.
• Talk to a Maine real property attorney: a lawyer can explain options based on your facts, draft settlement proposals, or file a partition action if needed. If cost is a concern, ask about limited-scope representation or legal-aid resources.
• Be realistic about costs: litigation and sale fees reduce net proceeds. Sometimes a negotiated sale or buyout yields a better economic result than a forced sale.