When co-owners disagree: How a partition action works under Maine law
Disclaimer
This is general information and not legal advice. I am not a lawyer. Laws change and every situation is different. Consult a licensed Maine attorney for advice about your specific case.
Detailed answer — what a partition action does and how to start one in Maine
A partition action lets a court divide or order the sale of real property owned by two or more persons who cannot agree about possession, use, or disposition. Under Maine law, a person who holds an undivided interest in land (for example, tenants in common or co-owners) may ask the court to divide the property “in kind” (physically divide it) or, if division in kind is impractical, to order a sale and divide the proceeds among owners according to their shares.
Maine statutes set out the legal framework for partition actions. For an overview of the statutory provisions governing partition, see the Maine statutes on partition (Title 14): Title 14, Chapter 735 — Partition (Maine Rev. Stat.). A frequently cited section describes when and how partition may be ordered: 14 M.R.S. §6321.
Who may file
A co-owner with an ownership interest in the property (tenant in common, some joint tenants where a partition right exists, or certain lienholders with an interest) may file the partition action. Parties who hold recorded interests or liens should be named and served so their rights can be resolved in the same proceeding.
Where to file
Partition actions are typically filed in the Maine Superior Court in the county where the property is located. The complaint asks the court to divide the property or order sale, to appoint commissioners or a special master if needed, and to direct distribution of proceeds after liens, taxes, and costs are paid.
Typical procedural steps
- Try to resolve the dispute first. Courts often encourage co-owners to negotiate, mediate, or consider a buyout. A written settlement can avoid litigation costs.
- Gather documents and information. Collect deeds, mortgage or lien documents, property tax records, surveys, leases, insurance policies, records of improvements and maintenance payments, and any communications about ownership or use.
- Prepare and file a complaint (petition) for partition. The complaint should identify the property, describe each owner’s interest, name all known interested parties (owners, mortgagees, lienholders, lessees), and state the relief sought (partition in kind or sale). Ask the court to appoint commissioners or an officer to divide the land or supervise a sale if division is impractical.
- Serve all interested parties. Maine process rules require proper service on every party with a recorded or known interest. Missing a necessary party can delay or invalidate the action.
- Court procedures: hearings, valuations, and commissioners. The court may set hearings and order appraisals. If the court finds a fair physical division is feasible and equitable, it may order partition in kind and appoint commissioners to mark new boundaries. If division would be prejudicial or impractical (for example, a single-family house on one lot), the court may order a sale and appointment of a trustee or commissioner to sell the property.
- Sale and distribution of proceeds. If the court orders a sale, the sale may be public auction or private sale supervised by the court. After sale, the court directs payment of liens, taxes, sale costs, court costs, and sometimes credits or debits among co-owners for contributions to mortgage payments, taxes, insurance, or improvements. The remaining proceeds are divided according to each owner’s legal interest.
- Post-judgment matters. After the court issues final orders, deed transfers or distribution of proceeds follow. If a buyout occurs, a co-owner can purchase another owner’s share pursuant to a settlement or court order.
What the court considers
The court looks to equity and practicalities. Factors include the physical nature of the land, whether it can be fairly divided, each owner’s percentage interest, liens and encumbrances, and whether division would cause prejudice to any party. The judge may consider credits to owners who paid more than their share for mortgages, taxes, or improvements.
Costs, timeline, and likely outcomes
Partition litigation can take months to over a year depending on complexity, number of parties, and whether appeals occur. Expect court filing fees, appraisal costs, commissioner or trustee fees, advertising and sale costs, and attorney fees. Sometimes parties agree to a sale or buyout earlier in the process, which reduces expense.
Alternatives to starting a partition action
- Negotiate a buyout if one co-owner can buy out the others.
- Agree to a private sale and split proceeds according to ownership shares.
- Use mediation or arbitration to reach an enforceable agreement without litigation.
When to consult a lawyer
Contact a Maine real property attorney before filing if any of the following apply: complicated title history, multiple or out-of-state owners, mortgages and liens, tenants with leases, familial ownership disputes, or when you want help estimating likely costs and outcome. A lawyer can prepare the complaint, ensure all interested parties are named and served, manage appraisal issues, and represent you at hearings.
For statutory language and procedures, review Maine’s partition statutes: Chapter on Partition (Title 14) and the provision at 14 M.R.S. §6321.
Helpful hints — practical checklist before you file
- Try negotiation or mediation first — it usually saves time and money.
- Collect deeds, the chain of title, mortgage and lien documents, surveys, tax records, and lease or rental agreements.
- Get a professional appraisal early so you know the property value and can evaluate buyout offers.
- Check for unpaid taxes, municipal liens, mortgages, and judgments that will affect net proceeds.
- Keep careful records of payments you made for mortgage, taxes, insurance, or improvements — the court may consider credits.
- Consider whether a physical division is actually possible without damaging the property’s value.
- Ask the court about appointment of commissioners and how the sale process will work (public auction versus court-supervised private sale).
- Budget for appraisal, survey, trustee/commissioner fees, court costs, sale costs, and attorney fees.
- If other owners live out of state, identify how they can be served and whether they will participate.
- Talk to a Maine real estate attorney before filing to prepare pleadings correctly and avoid omissions that can delay the case.