FAQ — Remedies When a Co-Owner Refuses to Sell an Inherited Maine Property

Short answer: If you and another person co-own real estate that you inherited and the other co-owner refuses to list or sell, you can ask a Maine court to divide or sell the property through a partition action. A judge can order a physical division (partition in kind) or an immediate sale (partition by sale) when division is impractical. This page explains how that process works, what to expect in Maine, and practical steps you can take now.

Detailed answer — How a partition action works in Maine

1) Confirm the type of ownership and who must be joined. Start by checking the deed and any probate paperwork to learn whether you and the other person own the parcel as tenants in common or joint tenants with right of survivorship. Most inherited property becomes owned as tenants in common unless the deed or will creates a joint tenancy. In a partition action you must name every record owner and any parties with legal interests in the property (mortgage holders, lienholders, heirs with claimed interests).

2) What a partition action asks the court to do. In Maine you can file a complaint in the appropriate Superior Court asking the court to partition the property. The court has two main options:

Partition in kind: physically divide the parcel into separate parts that match each owner’s share.
Partition by sale: if a fair physical division is impossible or would damage the value (for example, a single-family house on one lot), the court can order the property sold and the proceeds distributed to owners in proportion to their ownership interests.

The court’s authority and procedures for partition actions are established under Maine law. For details of the statute language and procedures, see the Maine statutes governing partition actions: https://www.mainelegislature.org/legis/statutes/14/title14sec6321.html

3) Practical court procedures. Typical steps include:

Prepare and file a complaint for partition in the Maine Superior Court for the county where the property sits.
Name all owners and known lienholders as defendants and provide a legal description of the property.
Ask the court for appointment of a commissioner or referee to divide or sell the property and handle notices and sale procedures.
The court may hold hearings, order inspections, appoint appraisers, and set sale terms (public auction or private sale under court supervision).
After sale, the commissioner files a report; the court confirms the sale and orders distribution of proceeds after paying liens, taxes, and sale costs.

4) How proceeds and expenses are handled. Sale proceeds are distributed according to each owner’s legal share, after paying mortgages, liens, property taxes, and the costs of the partition proceeding (filing fees, commissioner fees, appraisal, attorney fees if the court orders shifting fees). A co-owner who has advanced money for improvements or paid expenses may ask the court to account for those amounts before distribution.

5) When the court may force a sale instead of dividing. If the property cannot be divided without materially impairing its value or the division would be inequitable (for example, a single house on one lot where dividing would destroy usability), the court is likely to order a sale. The aim is to maximize fairness and value for all owners.

6) Other important legal and practical considerations:

Mortgages and liens: Outstanding mortgages remain attached to the property until satisfied from sale proceeds. A lender may have rights that affect how, or whether, a sale can occur.
Probate status: If the decedent’s estate is still open in probate, you may need to coordinate with the personal representative or the probate court before a partition action proceeds.
Costs and timing: Partition actions can take months and sometimes longer, depending on court schedules, title or lien disputes, and whether appeals occur.
Settlement and buyouts: Courts prefer that co-owners settle. One co-owner can offer to buy out the other’s share at an agreed valuation to avoid court costs and delay.

When to consider alternatives before filing

Filing a partition action is not the only option. Consider these alternatives first because they are often faster and cheaper:

Negotiate a buyout: propose a fair market value price or hire an appraiser and agree on terms (cash, payment plan).
Mediation: neutral mediators can help owners agree on sale, division of proceeds, or other solutions.
Agent-limited listing or auction plan: offer to list with limited terms or use a court-approved private sale plan if the other owner won’t cooperate.

Documents and information to gather now

Before approaching a lawyer or filing, collect:

Deed(s) and proof of title.
Death certificate and probate papers (if any).
Mortgage statements and lien records.
Property tax bills and insurance records.
Any wills, trust documents, or transfer documents.
Recent appraisal or tax assessment and a property survey if available.

How an attorney can help

An attorney experienced with Maine real property and probate matters can:

Confirm ownership interests and show who must be joined.
Run a title and lien search and evaluate mortgage issues.
Prepare and file a partition complaint, including evidence supporting a sale or division.
Negotiate buyouts, draft settlement agreements, or represent you at mediation or trial.

Because courts have discretion and partition rules can be technical, legal assistance often shortens the process and reduces risk of mistakes that could delay or increase costs.

Helpful Hints

Start by trying negotiation: a fair buyout or mediated sale often costs far less than litigation.
Get a market appraisal so offers and court evidence reflect current value.
Keep records of payments you made for taxes, mortgages, or improvements — you may be entitled to reimbursement.
Notify and include mortgage holders and lien claimants early; unresolved liens complicate sale timing.
Expect a partition case to take several months; plan finances accordingly.
Consider whether a partition in kind is practical — if not, be prepared to ask for a sale.
If the property is in probate, coordinate with the estate’s representative to avoid jurisdictional conflicts.

Where to learn more

Read the Maine statute on partition actions for the text governing these proceedings: https://www.mainelegislature.org/legis/statutes/14/title14sec6321.html

Disclaimer: This information is educational only and not legal advice. It does not create an attorney-client relationship. For advice about your particular situation, consult a licensed Maine attorney who handles real property and probate matters.