Detailed Answer

Yes. Under Maine law a co-owner of real property can ask the court to partition the property when co-owners cannot agree on what to do with it. A partition action asks the court either to physically divide the land (partition in kind) or to order a sale and divide the proceeds among the owners (partition by sale). Courts typically order a sale when dividing the property physically is impractical or would unduly reduce value.

Steps you will typically follow in Maine:

1. Confirm ownership and shares. Verify how title passed after your father’s death (probate, transfer deed, or small estate process) and confirm whether you and your sibling hold the property as tenants in common, joint tenants, or some other form. If title has not been cleared in probate, you may need to complete probate or other transfer steps before or while pursuing partition. See Maine probate statutes at the Maine Legislature: Title 18‑A (Probate).
2. Try to resolve the dispute first. Courts expect parties to try negotiation, buyout offers, or mediation before filing. Common practical options include one sibling buying the other out, selling the property by agreement and splitting proceeds, or entering a use-and-occupancy agreement while you negotiate.
3. File a partition action in the proper court. If negotiations fail, a co-owner files a complaint for partition in the Maine Superior Court in the county where the property is located. The complaint identifies co-owners, alleges your ownership interest, and asks the court to partition the property.
4. Court process and valuation. After service and basic pleadings, the court may order a valuation and appoint commissioners or a referee to examine the property, report whether partition in kind is feasible, and estimate fair market value. If the court finds an in-kind division impractical, it will order a sale and direct how the sale and division of proceeds will occur.
5. Sale and distribution. A court-ordered sale may be by public auction or by private sale under court supervision. Sale proceeds are used to pay mortgages, liens, court costs, and expenses of sale, with the remainder divided among co-owners according to their ownership shares.
6. Practical considerations and defenses. Co-owners can raise defenses or ask for adjustments. Examples: claim of a contractual buyout right, assertion of homestead or occupancy rights, or disputes about the correct ownership share. Existing mortgages and liens must be paid out of sale proceeds. The court can also award costs and, in some cases, attorney fees depending on the circumstances.

Key Maine resources and rules to consult:

• Maine laws governing civil matters and court procedure: Title 14 — Courts & Civil Procedure.
• Maine Probate Code (to confirm how title passed and whether probate matters must be completed): Title 18‑A — Probate.
• Maine Judicial Branch main site (court locations, filing information, and forms): Maine Judicial Branch.

Typical timeline and costs

Timelines vary. A simple negotiated buyout can take weeks to months. A contested partition action often takes several months to over a year, depending on the court’s calendar, complexity of title issues, valuation disputes, and appeals. Costs include court filing fees, appraisal and commissioner fees, advertising and sale costs, and attorneys’ fees. These costs reduce the sale proceeds before distribution.

What you should gather before you act

• Copy of the deed and any transfer documents showing current ownership.
• Death certificate and probate paperwork (if title passed through your father’s estate).
• Mortgage statements, tax bills, insurance policies, and lien records.
• Recent property tax assessment and any survey or plat map.
• Communications showing attempts to settle the matter (emails, letters, offers).

When to get an attorney

Consider hiring a Maine attorney when title is unclear, there are competing claims (for example, an ex-spouse or creditor), or when you expect litigation. An attorney can file the complaint correctly, protect your share, and advise on whether a negotiated buyout or sale by agreement is feasible and likely to produce a better result than a court-ordered sale.

Note: This explanation is a general overview. Specific facts can change the legal path—e.g., whether the property is subject to a mortgage, whether one co-owner lives in the property and claims occupancy rights, or whether the co-ownership shares are unequal.

Disclaimer: I am not a lawyer. This is general information, not legal advice. For advice about your specific situation, consult a licensed Maine attorney.

Helpful Hints

• Start by checking the deed and probate file to confirm how you and your sibling hold title.
• Make a written offer to buy or sell before filing suit; courts prefer parties to try to settle.
• Use mediation — it’s faster and less expensive than litigation and often preserves family relationships.
• Document all communications and offers in writing; this helps the court if litigation becomes necessary.
• Get an independent appraisal early to know the property’s market value and set realistic expectations.
• Be aware that court-ordered sales often produce lower net proceeds than an agreed voluntary sale because of costs and auction discounts.
• If one co-owner lives in the house, discuss a time-limited occupancy or buyout plan to avoid an immediate sale that would displace them.
• Contact the Maine Bar Association or a local real estate attorney for referrals if you need a lawyer: Maine State Bar Association.