What ‘Dismissed with Prejudice' Means for a Partition Case in Maine
What does it mean when a judge dismisses my partition case with prejudice? Short answer: In Maine, when a court dismisses a partition action "with prejudice," the dismissal is final as to the claims that were brought (or could have been brought in that action). You generally cannot refile the same partition claim between the […]
Read article →Maine: How to Force Sale or Division of Real Property You Still Co-Own After Divorce
What to Do If You Still Co-Own Real Property with an Ex in Maine Detailed answer — how Maine law treats co-owned property after divorce This answer explains the common legal paths people use in Maine when they still co-own real estate with a former spouse and want to force a sale or divide the […]
Read article →How to File a Partition Action to Force Sale of a Late Parent’s House — Maine
Can I force the sale of my late father’s house in Maine by filing a partition action? Short answer: Possibly. If the house is owned jointly by two or more people (for example, by heirs who now own the property together as tenants in common), any co-owner can ask a Maine court to partition the […]
Read article →Forcing the Sale of Shared Property in Maine: How Partition Actions Work
Detailed Answer What a partition action does: A partition action is a court process that ends co-ownership of real property. If co-owners cannot agree on ownership use, sale, or buyouts, one co-owner can ask the court to either physically divide the property (partition in kind) or order a sale and divide the proceeds (partition by […]
Read article →Selling Property in a Partition Action under Maine Law
Detailed answer — How a court-ordered sale works in a Maine partition action When co-owners cannot agree on dividing real property, any co-owner can ask a court to partition the property. Under Maine law, a partition action asks the court to divide ownership fairly. If physical division (a partition in kind) is impractical or would […]
Read article →Buying Out Co-Owners Before a Partition Sale in Maine: Practical Steps
Detailed Answer If you own real property with one or more co-owners and a partition action is pending in Maine, you can often avoid a court-ordered public sale by arranging to buy the other owners' interests. The path to a successful pre-sale buyout combines valuation, a clear written offer, good documentation of financing, and cooperation […]
Read article →Maine: Recovering Property Taxes and Mortgage Payments in a Partition Action
Can you recover property taxes and mortgage payments you paid on a jointly inherited home in a Maine partition action? This FAQ answers how courts in Maine typically treat payments made by one co‑owner on jointly owned inherited real estate when the property is later partitioned or sold. Short answer Yes, often you can recover […]
Read article →Maine: When an Heir Refuses to Leave or Sell an Inherited Property
Options When a Co‑Owner Refuses to Leave or Sell an Inherited Property in Maine Disclaimer: This is general information and not legal advice. For guidance about your specific situation, consult a Maine attorney. Detailed Answer When property passes to two or more heirs, they typically hold an undivided ownership interest (commonly as tenants in common). […]
Read article →Maine: Options When the Other Side Asks the Court to Sell the House Without Buyout Terms
Detailed Answer Disclaimer: This is general information, not legal advice. I am not a lawyer. If you need legal advice about your specific situation, consult a licensed Maine attorney. Overview If the other party in a divorce or a co-owner in a partition action asks the court only to sell the house without proposing buyout […]
Read article →Maine: Risks of Granting a Life Estate Instead of Selling Property
Detailed Answer: What can go wrong if you grant a life estate instead of selling the property (Maine) Short answer: Granting the other owner a life estate gives that person the right to live in or use the property for the rest of their life while the remainder interest goes to someone else. It can […]
Read article →