Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
1. Understanding Co-Ownership under Maine Law
When multiple heirs inherit real estate in Maine, they typically hold title as tenants in common. Each co-owner owns an undivided interest in the whole property, regardless of the percentage share received under the will or by intestate succession.
2. Right to Possession and Use
Every co-owner has an equal right to occupy and use the entire property, regardless of their ownership percentage. If one heir moves in, the other cannot forcibly exclude them. Similarly, the occupant cannot claim exclusive rights simply by living there.
3. Partition Action in Maine
If heirs cannot agree on use or sale, any co-owner may file a partition action in Superior Court under 14 M.R.S. § 6201. The court may order:
- A physical division of the land, if feasible;
- A public sale of the property with proceeds divided according to ownership shares; or
- A buyout, where one co-owner pays the others their share based on fair market value.
4. Financial Responsibilities
The occupying heir must contribute to expenses that benefit all co-owners. These include:
- Property taxes;
- Insurance premiums;
- Necessary repairs and maintenance.
If a non-occupying heir pays these expenses, they may seek reimbursement or an adjustment in their share either by agreement or through the court’s partition proceeding.
5. Practical Steps for Heirs
Communication and negotiation are often the fastest, least costly way to resolve conflicts:
- Obtain a professional appraisal to determine fair market value.
- Discuss buyout proposals (one heir purchases the other’s interest).
- Consider a sale with a lease-back agreement if one heir wishes to remain in the home post-sale.
- If agreement fails, file a partition action in the county where the property sits.
Helpful Hints
- Keep clear records of all payments made toward taxes, insurance, and repairs.
- Explore mediation or alternative dispute resolution before filing court papers.
- Consult a real estate attorney to draft a buyout agreement or lease-back contract.
- Check local zoning and historical district rules before physical partition.
- Remember that court-ordered sales often yield lower net proceeds due to fees and commissions.