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

Understanding Co-Ownership and Improvements

When two or more people hold real estate together—either as tenants in common or joint tenants—each co-owner has an equal right to possess and use the entire property under Maine law. If one co-owner pays out of pocket for repairs or enhancements, that person may seek reimbursement or an accounting for their contributions.

Common Law Principles in Maine

Under Maine common law, a co-tenant who makes necessary repairs can recover the reasonable value as a debt, provided they notify the other co-owners and allow them to contribute. Voluntary improvements (beyond simple maintenance) generally do not create a debt but may increase the property’s value. In a later partition action, the improving co-owner can ask the court to credit the added value.

Statutory Framework: Partition and Accounting

Maine allows co-owners to file a partition action in Superior Court to divide or sell the property and to account for each party’s contributions.

Partition Action: Under 14 M.R.S. § 5951, any co-owner may initiate a civil action to partition real property. See: 14 M.R.S. § 5951.
Accounting for Improvements: In a partition, the court can adjust each co-owner’s share of proceeds or set off a portion of the property based on the value of improvements. See: 14 M.R.S. § 5952.

Steps to Seek Reimbursement for Improvements

Document everything. Keep invoices, receipts, before-and-after photos and detailed descriptions of the work.
Provide written notice. Send co-owners a letter (preferably by certified mail) outlining the proposed repairs or improvements and cost estimates.
Attempt an out-of-court agreement. If co-owners agree to share costs, memorialize the arrangement in writing.
File a partition action. If negotiations fail, file in Maine Superior Court under 14 M.R.S. § 5951 seeking partition or sale.
Request an accounting. In your complaint, ask the court to credit you for your contributions or adjust your share under 14 M.R.S. § 5952.

What to Expect in Court

During the partition action, the court may:

Order a sale of the property and distribute proceeds after crediting improvements.
Award a portion of the property (set-off) to the contributing co-owner.
Require an accounting of all co-owners’ outlays for repairs and enhancements.

The court focuses on fairness and the increase in fair market value due to your improvements.

Helpful Hints

Keep organized records: timelines, correspondence and cost breakdowns.
Use certified mail for notices to prove delivery and timing.
Consider mediation to resolve disputes faster and reduce legal fees.
Understand that basic maintenance (e.g., routine painting) may not qualify as reimbursable improvements.
Consult an attorney early to choose the best strategy and avoid procedural missteps.