What a partition action does and who normally files it

A partition action asks a court to divide real property (land or buildings) among co-owners or to order sale of the property and distribution of the proceeds. In Maine, partition actions are governed by the state statutes for partition actions (see 14 M.R.S. §6321 et seq.). The person or people who start the case — the petitioners — should be those with a present ownership interest or a legally recognized right tied to the property who seek the court’s relief.

Who should be listed as petitioners

• Co-owners who request partition: Any co-owner with a legal or equitable ownership interest (for example, tenants in common) who wants the court to partition or sell the property should be listed as a petitioner. If two or more co-owners join to ask the court for partition, list each of them by full legal name and describe their capacity (individual, trustee of a trust, personal representative, etc.).
• Representative parties acting on behalf of an owner: If an owner is a minor, incapacitated, deceased (with an open estate), or if the owner’s interest is held in a trust or business entity, the petitioner may be the owner’s guardian, conservator, trustee, or personal representative rather than the owner personally. In those cases list the representative’s name and clearly state the capacity (for example: “Jane Doe, as Trustee of the Jane Doe Revocable Trust dated January 1, 2010”).
• Assignees or transferees with the ownership interest: If an owner assigned or transferred their interest to another person (for example, by deed or assignment), the current holder of the interest who seeks partition should be a petitioner. Show how their interest was acquired (deed, assignment) so the court can confirm standing.
• Multiple petitioners: Two or more owners may join together as co-petitioners when they all want the same relief. Joining can simplify the case and reduce disputes over procedure or distribution. List each co-petitioner separately with their capacity and ownership share if known.
• When a creditor or lienholder should not normally be a petitioner: A mortgagee or other lienholder usually does not petition for partition solely because it holds a lien. Lienholders are typically named as respondents so the court can account for their claim against sale proceeds. A lender may petition only in limited circumstances (for example, if it holds title through foreclosure or assignment). If you believe a lienholder should join as a petitioner, identify the legal basis for their ownership interest.

Who must be named as parties (why naming matters)

Maine law requires that persons having an interest in the real property be made parties so the court can resolve the rights of everyone affected. Failure to join necessary parties can delay the case and may make any resulting judgment vulnerable to collateral attack. Typically:

• Name all known co-owners, heirs, devisees, trustees, business entities owning the property, and anyone who holds an interest that could affect title (e.g., recorded lienholders).
• If some owners are unknown or cannot be located, the petitioner should ask the court for permission to serve by publication and name “Unknown Heirs of [name]” or similar designations as allowed by Maine procedure.

Practical steps before filing

1. Do a title search and pull the deed history and any recorded mortgages, liens, easements, or judgments affecting the property.
2. Identify the exact ownership form (tenancy in common, joint tenants, trust, corporation, etc.) and each party’s full legal name and current address.
3. If an owner is a trust, corporation, or LLC, determine and list the correct legal name of that entity and the name of the person authorized to act for it.
4. If a named owner is deceased, determine whether the estate has a personal representative and list that person in that capacity.
5. Consider whether co-petitioning with friendly co-owners reduces costs and complexity.

Statutory references and procedure

Maine’s partition statutes set out who may bring a partition action and how parties should be brought into the case. For statutory language and procedural details, see 14 M.R.S. §6321 and related provisions: 14 M.R.S. §6321. For civil procedure rules that govern service, representation, and procedure in Maine courts, consult the Maine Rules of Civil Procedure: Maine Rules of Civil Procedure.

Example (hypothetical)

Two siblings, Anna Smith and Ben Smith, own a vacation house as tenants in common and disagree about use and sale. Anna wants the property sold. Anna files a partition petition naming herself and Ben as co-owners and joins Ben as a respondent (or co-petitioner if Ben agrees). If Ben is unable to respond and is deceased, Anna would name Ben’s personal representative or, if unknown, name the unknown heirs and request service by publication as allowed.

Helpful Hints

• List petitioners using full legal names and include their capacity (individual, trustee, personal representative, etc.).
• Include all persons or entities with recorded interests to avoid future disputes over proceeds.
• Do a thorough title search before filing — it will reveal mortgagees, lienholders, and recorded transfers.
• If someone is a minor or incapacitated, do not list them directly as petitioner — list their guardian or conservator and explain capacity in the pleadings.
• If you cannot locate an owner, follow Maine’s rules for service by publication and naming unknown heirs; court approval is required.
• Keep paperwork showing how petitioners acquired their interest (deeds, assignments, trust documents, probate paperwork) ready to file with the complaint.
• Consider whether co-petitioning with cooperating owners reduces legal fees and speeds resolution.
• When in doubt about who must be a petitioner or how to label capacities, talk with an attorney or contact the court clerk for procedural guidance (not legal advice).