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Detailed answer: How the partition process works in Maine and your options

If you co‑own real property in Maine with one or more people and you want to either force a sale or require a co‑owner to buy your share, you can seek relief through a partition action in court. A partition action asks the court to divide the property among co‑owners or to order the property sold and the proceeds divided. The action is available to co‑owners of real property, typically tenants in common or co‑owners whose ownership interests are separate from any survivorship rights.

Key points to understand up front:

• Who can bring a partition action: any person with a legal, equitable, or beneficial interest in the property (for example, a tenant in common).
• Where to file: the action should be filed in the court with proper venue for the county where the property is located. In Maine, real property matters are generally addressed in the Maine Superior Court.
• Types of relief the court can order: (1) partition in kind (physical division), (2) partition by sale (public sale or sale on terms the court orders), or (3) an enforced buyout (one co‑owner purchases others’ interests) when equitable and practical.

Step‑by‑step process

1. Confirm ownership and classify the co‑ownership. Get a copy of the deed(s) from the registry of deeds to confirm who holds title, the ownership shares, and whether there is joint tenancy with right of survivorship (which affects your remedies). If title passed through a probate estate, check whether the estate administration is complete.
2. Try to resolve the matter without court. Before filing, send a written demand proposing options: a sale and division of proceeds, a buyout offer (include a proposed valuation), or mediation. Courts favor settlement. Mediation can be faster and cheaper.
3. Prepare and file a complaint for partition. If negotiation fails, file a complaint in the proper Maine court (usually Superior Court in the county where the property is located). The complaint should identify the property, describe each party’s interest, and state what relief you seek (partition in kind, partition by sale, appointment of commissioners, or court‑ordered buyout). You must name all persons with an interest in the property.
4. Serve the co‑owners and other interested parties. After filing, serve the summons and complaint on all co‑owners and any lienholders or parties of record (for example, mortgagees). Proper service gives the court authority to resolve their claims.
5. Response and preliminary hearings. Co‑owners may answer, file objections, or cross‑claim. The court may hold a preliminary hearing to set the schedule and address any immediate disputes (possession, costs, or requests for temporary orders).
6. Court evaluation and appointment of commissioners. If the court orders partition, it will decide whether a partition in kind is practical. If the property cannot be fairly divided (due to size, improvements, or nature of the land), the court commonly orders partition by sale. The court typically appoints commissioners (neutral appraisers or referees) to value the property, report whether division is practicable, and, if sale is ordered, oversee the sale.
7. Valuation and sale or buyout. Commissioners appraise and recommend either a division or sale. If co‑owners want to keep the property, a court can allow a co‑owner to purchase others’ interests at a price set by agreement or by the court’s valuation process. If sale is necessary, the court will supervise (or direct commissioners) to sell the property at public auction or by other court‑approved method. A buyout may happen if a co‑owner files a motion asking to purchase the shares and the court approves terms.
8. Distribution of proceeds. Proceeds from a sale are used first to pay liens, mortgages, taxes, and sale costs. Remaining amounts are divided among co‑owners according to their ownership shares. The court will enter a final judgment and order distribution.
9. Possible post‑judgment matters. There may be motions for accounting of sale costs, requests for attorney fees, or disputes about distribution. The court resolves these after the sale and accounting.

How to get a co‑owner to buy you out

The court prefers that co‑owners try to buy each other out by agreement. If you ask the court to force a buyout, be prepared to show why a buyout is equitable and practical — for example, when the value can be determined and one owner can post security or financing to pay others. Often the court will set a valuation process: either an agreed appraisal or court‑appointed appraisal, then allow the co‑owner to purchase others’ interests at that valuation. If the co‑owner declines to buy, the court may order a sale and divide proceeds.

What factors influence whether the court orders a sale instead of division in kind

• Whether the property can be physically divided without substantial loss of value.
• Whether division would leave parcels impractical to use or unequally valuable.
• Improvements (house, utilities) that cannot be divided.
• Number of co‑owners and the fractional interests each holds.

Costs, timeline, and likely outcomes

Costs vary. Expect court filing fees, appraisal and commissioner fees, advertising and sale costs, and attorney fees if you hire counsel. A simple negotiated buyout can be done in weeks to months. A full contested partition with appraisals and sale often takes many months and sometimes a year or more, depending on court schedules and complexities like lien resolution or probate issues.

Relevant Maine government resources

• Maine Legislature — statutes search (look up “partition” and related real property statutes): https://legislature.maine.gov/statutes/?search=partition
• Maine Courts — Superior Court information (venue and general procedures for real property matters): https://www.courts.maine.gov/courts/superior/

Helpful hints

• Get the deed and a current title search early. Know exactly who holds what interest before you act.
• Start with a written demand to your co‑owner(s). Courts expect parties to try to settle first.
• Obtain one or two independent appraisals before litigation. They help frame a realistic buyout number or sale reserve.
• Consider mediation. A neutral mediator can often produce a buyout agreement or sale plan that avoids court costs.
• Check for mortgages, liens, unpaid taxes, and probate matters. These affect proceeds and may delay sale.
• Be realistic about time and cost. A contested partition is typically more expensive than an agreed buyout.
• If you occupy the property, understand that a partition suit can lead to court orders about possession and rent/occupancy charges while the case proceeds.
• Talk to a Maine real estate attorney if there are complex title or family issues. An attorney can draft the complaint, handle service, and represent you at hearings.
• Ask about tax consequences of a sale or buyout (capital gains, basis adjustments). Consult a tax advisor if needed.