Detailed Answer
Under Maine law, any co-owner of real property can initiate a partition action to divide or sell the property. This process is governed by Title 14, Chapter 715 of the Maine Revised Statutes. A partition hearing forces a sale only when physical division (partition in kind) is impractical or inequitable.
1. Who May File
“Any person having any estate or interest in land” may maintain a partition action. See 14 M.R.S. § 6321. Co-owners include joint tenants, tenants in common, and others holding title together.
2. Commencing the Action
The plaintiff files a complaint in the Maine District Court (or Superior Court in counties without a District Court) in the county where the property lies. The complaint must:
- Describe the property.
- Name all co-owners (defendants).
- State the plaintiff’s interest.
- Request partition in kind or sale.
3. Court Appointment and Hearing
After defendants are served, the court appoints a disinterested commissioner to inspect the property and report on partition feasibility. If a physical division is possible without prejudice to owners, the court orders in-kind partition. If not, it orders sale.
4. Forced Sale Procedure
When partition in kind is impractical, the court directs a public sale. The commissioner handles sale logistics under court supervision. Net proceeds, after costs, are divided among co-owners per ownership shares.
5. Distribution of Proceeds
Proceeds distribution follows ownership interests. The court may adjust for unequal contributions to purchase price or improvements if evidence supports it.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your particular situation.
Helpful Hints
- Verify co-owners’ names and addresses before filing.
- Consider a mediator to explore voluntary buy-out.
- Gather deeds and mortgage records in advance.
- Keep detailed records of each party’s contributions.
- Understand court costs and commissioner fees may be prorated.