1. How ownership percentages are normally fixed

Ownership percentages of real property are determined by the instrument that transferred or created the ownership interest. Common situations include:

• Deed that grants specific fractional interests (e.g., “one-half” or “50%” to each owner).
• Deed that names multiple owners without specifying shares — courts usually treat that as equal shares (tenancy in common) unless the deed or other evidence indicates otherwise.
• Joint tenancy with right of survivorship or tenancy by the entirety (often used by spouses) — these arrange survivorship rights rather than measurable percentages while both owners are alive.
• Life estate, remainder interests, or trust ownership — these split rights differently (possession now vs. future ownership) so the percent interest for sale proceeds may depend on valuation rules or trust terms.

If a deed or trust states shares, those controls the percentage. If it does not, the default is typically equal shares among tenants in common.

2. Step-by-step: How to confirm your percentage in Maine

1. Obtain the recorded deed. Start with the deed recorded at the county Registry of Deeds where the property is located. The deed language is the primary evidence of each owner’s interest. If you don’t know the county, check property tax records or ask the town/municipal assessor’s office.
2. Review the deed wording for shares or form of ownership. Look for phrases like “as tenants in common, each owning an undivided one-half interest,” or “as joint tenants with right of survivorship.” If the deed specifies fractions or percentages, that is usually controlling.
3. Check for later recorded documents. Transfers, quitclaims, mortgages, releases, lien recordings, partition agreements, divorce settlements, or court orders can change ownership. Search the chain of title at the Registry of Deeds for subsequent instruments.
4. Search for a will, probate case, or trust. If a parent died, ownership may have passed through probate or via a living trust. Maine probate law (see Maine Revised Statutes, Title 18-A) governs intestate succession and probate distribution; trust terms can be decisive if the property was placed in a trust. You can search the probate docket in the county where the deceased lived.
5. Get a title search or title commitment. A professional title search (from a title company or a real estate attorney) will show the current chain of title, mortgages, liens, easements, and recorded ownership interests. Title companies issue a title commitment that explains who the record owners are and any encumbrances.
6. Check tax records and bills. Property tax records or the municipal assessor may list the current owner(s). These won’t always prove percentage ownership, but they’re useful corroboration.
7. If records are unclear, consider a quiet-title or partition action. If ownership is disputed or undocumented, a Maine court can resolve title (quiet-title action) or divide the property or sale proceeds among owners (partition action). A court will use recorded documents, testimony, and equitable principles to determine interests.
8. If a trust is involved, contact the trustee. If the property is owned by a revocable or irrevocable trust, the trustee controls the real property; the trust documents spell out beneficiary interests.
9. Document everything you find. Save certified copies of deeds, title reports, probate filings, trust instruments, and correspondence. Certified copies are often needed for transactions or court proceedings.

3. Where Maine law may apply

Relevant Maine law topics you may encounter include:

• Property recording and conveyance rules — see Maine Revised Statutes, Title 33 (Property): https://legislature.maine.gov/statutes/33.
• Probate and intestacy rules (when a parent dies) — see Maine Revised Statutes, Title 18-A (Probate Code): https://legislature.maine.gov/statutes/18-A.
• Court procedures for resolving title disputes, partitions, or quiet-title actions — county Superior Court handles many of these matters under Maine court rules and case law.

These links lead to Maine’s official statutes where you can read statutory language and find cross-references. For specific statutory sections that apply to your set of facts, consult an attorney or the statutes themselves.

4. Typical scenarios and what to do

Scenario A: Deed shows “A and B, tenants in common” with no percentages

Unless the deed says otherwise, each tenant in common is presumed to have an equal share. A and B would each likely own 50%. To confirm, get a title report and a certified copy of the deed from the Registry of Deeds.

Scenario B: Deed grants “A 75% and B 25%”

The deed’s stated fractions control. Those shares are what you would use when dividing sale proceeds unless a later recorded instrument changed the shares.

Scenario C: Property owned by parent(s) who died — no deed transfer recorded

Ownership may pass via probate under Maine’s probate laws. Locate the probate file (county Probate Court) or the trust document. The personal representative/executor or trustee is the contact who controls sale or transfer.

Scenario D: Property was in a trust

The trustee manages the property according to the trust. Beneficiaries’ percentage interests depend on trust terms or applicable valuation rules for life estates and remainder interests.

5. When to get professional help

Get a Maine real estate attorney or a title company if:

• Records are missing or contradictory.
• Someone claims different ownership than recorded instruments show.
• There are liens, mortgages, or tax debts that may affect proceeds.
• You need to force a sale or partition, or you want to quiet title.
• The parent died and probate or trust issues are at play.

An attorney can file court actions (partition, quiet title, probate filings), interpret deeds and trust terms, and coordinate title insurance or closings.

Helpful Hints

• Start at the county Registry of Deeds: recorded deeds and instruments are the primary evidence of ownership.
• Ask for certified copies of deeds and recorded plats if you need documents for a closing or court filing.
• Use a professional title search to reveal hidden liens, mortgages, or prior conveyances.
• If parents are elderly and want to change ownership, encourage them to consult an attorney before signing anything to ensure the change matches their intentions and protects everyone’s interests.
• If your parent is incapacitated, be careful: documents signed without proper authority might be voidable. A conservator or guardian appointment will be handled through Probate Court.
• Keep written records of payments toward mortgages, taxes, and improvements—these can matter in disputes about contributions versus ownership shares.
• When in doubt, obtain a title insurance commitment before a sale to protect buyer/seller proceeds and confirm ownership.