Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Under Maine law, co-owners of real property may seek a judicial partition when they cannot agree on use or division of their land. Partition actions proceed under Title 14, Chapter 721 of the Maine Revised Statutes.
1. Filing the Partition Complaint
Any owner (plaintiff) may initiate a partition by filing a complaint in the Superior or District Court in the county where the property lies (14 M.R.S. §6102). The complaint must:
- Describe the property with sufficient detail (address, lot description).
- Identify all co-owners (defendants) and their ownership interests.
- State the specific relief sought (physical division or sale and pro rata distribution of proceeds).
2. Service of Process
The plaintiff must serve each co-owner with a summons and a copy of the complaint under the Maine Rules of Civil Procedure. Proper notice ensures all parties have an opportunity to participate or consent.
3. Appointment of a Court Commissioner
Once the court determines partition is appropriate, it appoints one or more commissioners to oversee the physical division or sale of the property (14 M.R.S. §6103). The commissioner must take an oath of office and post bond before taking any action.
4. Consent to a Commissioner
If all co-owners agree, they may file a joint petition requesting immediate appointment of a commissioner and waive a formal evidentiary hearing. Upon such consent, the court can refer the matter directly to the commissioner to propose a partition plan.
5. Commissioner’s Duties and Report
The appointed commissioner inspects the property, prepares a plan for physical division or public sale, and handles the distribution of sale proceeds. The commissioner then submits a written report and accounting to the court.
6. Objections and Final Decree
After the commissioner’s report is filed, any party may file written objections—typically within 20 days. The court may hold a hearing on those objections or rule on the record. Finally, the court enters a decree confirming the partition or distribution of sale proceeds (14 M.R.S. §6108).
Helpful Hints
- Review the property deed and chain of title before filing your complaint.
- Verify all co-owner names and addresses to ensure proper service.
- Consider mediation or negotiation to reach voluntary agreement and reduce costs.
- Obtain a recent appraisal to assist the commissioner in valuing the property.
- Keep detailed records of filings, deadlines, and commissioner communications.
- Consult an attorney to review pleadings, orders, and the commissioner’s report.