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 property. This is a general overview based on Maine practice. It is not legal advice.

Who owns the property now?

After a divorce, ownership depends on what the divorce judgment or deed says. If the divorce judgment awarded the property to one party and the deed was later changed, that usually ends co-ownership. If the judgment left title in both names, or the title was never changed, you likely remain co-owners (commonly as tenants in common). If you are still co-owners, either owner can typically seek a judicial partition or other remedies described below.

Primary options to force division or sale in Maine

1. File a partition action in court (judicial partition)

   A partition action is the usual civil lawsuit to divide or sell jointly owned land. If the court finds physical division is feasible without prejudice to owners, it can order a partition in kind (dividing the land). If division is impractical or unfair, the court can order the property sold and the proceeds divided among owners according to their ownership shares after paying liens, costs, and expenses.

2. Enforce the divorce judgment or settlement

   If the divorce decree specifically awarded the property or required a sale or buyout, you can ask the family court or the court that issued the decree to enforce that judgment. Enforcement might include an order directing transfer of title, sale, or contempt sanctions if the ex refuses to comply.

3. Negotiate a buyout or settlement (private resolution)

   You can negotiate for one owner to buy the other out. That commonly involves getting an appraisal, arranging refinancing to remove the other owner from the title and mortgage, and completing a deed transfer. Mediation or collaborative law can help reach terms without litigation.

4. Refinance or assume the mortgage

   If the co-owned property has a mortgage, one owner can refinance in their own name and pay off the other’s interest. That both removes the other owner and satisfies the lender’s requirements (if refinancing is possible given credit and income).

5. Quiet title or lien remedies (narrow situations)

   If title is clouded, or if one owner claims to have exclusive rights, an action to quiet title may clear ownership records. Liens for unpaid mortgage, taxes, or judgments can also lead to foreclosure or sale under other statutory procedures, which indirectly affect co-owners.

What happens in a partition action — practical steps and outcomes

• The plaintiff files a complaint for partition in the appropriate Maine court (usually Superior Court).
• The court determines who the legal owners are and their shares.
• The court may appoint commissioners (or a referee) to survey and determine whether the property can be fairly divided.
• If division in kind is possible, the court can order a physical division. If not, the court orders a sale (commonly at public auction or by court-directed sale) and divides proceeds after paying liens, taxes, legal and sale costs.
• The court can also resolve claims for contributions (e.g., if one co-owner paid more than their share of mortgage, taxes, or improvements) so proceeds are adjusted equitably.

Temporary and related remedies

While a partition case proceeds, you can ask the court for temporary orders to protect the property’s value. Typical requests include:

• An injunction to prevent unilateral sale or removal of fixtures.
• An order for possession or an accounting of rents and profits if one owner is living on or renting the property.
• An order requiring payment of mortgage, taxes, or insurance to prevent foreclosure or waste.

Costs, timeline, and considerations

Partition actions take time and cost money (filing fees, attorney fees, appraisal and survey costs, and commission/sale expenses). Courts typically weigh whether the value and complexity of the property justify litigation. If property is easy to divide or one party can refinance, a negotiated buyout often costs less and resolves matters faster.

Taxes and long-term impacts

Sale or division can trigger tax consequences (capital gains or loss, basis adjustments). One owner buying out the other will change mortgage liability and may affect credit. Consult a tax advisor about likely tax results before finalizing a sale or transfer.

Where to find Maine law and court rules

General resources:

• Maine Judicial Branch: https://www.courts.maine.gov/ (information about filing civil actions and court locations)
• Maine statutes and code (for searching statutes related to civil actions and real property): https://legislature.maine.gov/statutes/

Practical hypothetical example: If you and your ex own a vacation cottage in Maine and the divorce left title in both names, you could either negotiate for your ex to be bought out (using an appraisal and refinancing), or you could file a partition action in Superior Court. If the lot is a narrow shoreline lot that cannot be split, the court would likely order a sale and divide the net proceeds between you based on ownership shares after paying off the mortgage and sale costs.

Important: This article is informational only and not legal advice. Laws change and outcomes depend on specific facts. Consult a Maine-licensed attorney to discuss your facts and options.

Helpful Hints

• Gather title documents, the deed, your divorce judgment or settlement, mortgage statements, tax bills, insurance records, and any appraisal or listing history before talking to an attorney.
• Get a current appraisal early to understand property value and guide buyout or settlement talks.
• Consider mediation before filing a partition action. Mediated buyouts are faster, cheaper, and give you control over terms.
• If you plan to seek a buyout, check your ability to refinance in your name (credit score, income, debt-to-income ratio).
• Ask the court about temporary relief if your ex is threatening to remove fixtures, allow waste, or stop paying the mortgage—protecting the asset preserves value.
• Talk to a tax professional about potential capital gains, basis adjustments, and tax reporting before a sale or transfer.
• Hire a Maine lawyer experienced with partition or property disputes—court procedures and strategic choices vary by county and case details.

For court procedures and filing requirements, start at the Maine Judicial Branch: https://www.courts.maine.gov/ and search the statutes at https://legislature.maine.gov/statutes/.

Disclaimer: This content is educational and not legal advice. For advice about your specific situation, consult a lawyer licensed in Maine.