Detailed Answer

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

Overview

If the other party in a divorce or a co-owner in a partition action asks the court only to sell the house without proposing buyout terms, you have several options. You can try to negotiate a buyout, ask the court to set buyout terms or conduct an appraisal, oppose a forced sale, ask for a partition in kind (if available), or seek temporary orders to protect your interests while the dispute is resolved. Which options are best depends on whether this is a divorce property division or a co‑owner partition action and on the facts (mortgage, equity, cash availability, children, buyout ability).

Key options explained

1. Negotiate a buyout before the court sells

Often the quickest and least expensive path is negotiation. Offer a clear buyout proposal: an appraisal-based fair market value minus outstanding liens, multiplied by your or the other party’s ownership share, adjusted for credits (mortgage payments made by one side, improvements, unequal contributions). Put a deadline on the offer and propose mediation if the other side won’t respond.

2. Ask the court to set buyout terms or order an appraisal

If negotiation fails, ask the court to decide the buyout formula rather than ordering an immediate sale. Courts can (and frequently do) order a neutral appraisal and use that number to set a buyout price or to divide proceeds. Filing a written request or motion asking the judge to order appraisal and let the parties bid (or set a price based on the appraisal) may prevent a forced sale at auction.

3. Request temporary orders and protection

If a sale is imminent, seek temporary relief from the court to stop a premature sale until the court can rule on property division or buyout terms. In divorce cases, ask for temporary possession orders, temporary spousal support, or orders assigning responsibility for mortgage/taxes/insurance while the house’s fate is litigated.

4. File a counterproposal or counter‑motion

Respond to the other party’s request with a counterproposal: either a buyout at a stated price, a plan to refinance and assume the mortgage, or a proposed schedule for sale and distribution of proceeds. If you file a counter‑motion, you give the court an alternative to ordering a sale without buyout terms.

5. Consider partition in kind (if co‑owners and feasible)

In rare situations involving multiple parcels or large tracts, a court may divide the property instead of selling it. For a single-family home, physical division usually isn’t practical, so courts typically order sale. Still, if co‑ownership shares or parcels make division in kind realistic, request it.

6. Buy the other party out through refinance or loan

If you want to keep the house but lack cash, consider refinancing to pull the necessary funds to buy out the other party. The lender will evaluate income, credit, and property value. If refinancing isn’t possible, consider a private loan or installment buyout agreement approved by the court.

7. Prepare for an eventual sale and maximize your return

If a sale goes forward, act to protect your share of proceeds: secure a timely appraisal, document costs and improvements, ensure mortgage and tax obligations are current, and insist on an accounting of sale-related expenses before distribution. Ask the court to approve reasonable sale-related expenses only.

How the Maine court typically decides

Maine family and civil courts aim for equitable outcomes. In divorce property division, the judge divides property after considering contributions, duration of marriage, and ability to pay; the court can order sale or award the house to one party with offsetting adjustments. In partition actions between co‑owners, if the court finds partition in kind impractical, it usually orders sale and distribution of net proceeds. Courts often prefer an appraisal-based buyout or an orderly marketed sale over an immediate sheriff’s sale.

Practical steps to take now

1. Gather documents: deed, mortgage statements, recent tax assessments, tax returns, proof of payments for mortgage, taxes, insurance, and receipts for improvements.
2. Get a current market estimate—hire a real estate agent for a comparative market analysis or request an independent appraisal if you can afford one.
3. Talk to a Maine attorney experienced in family law or real property/partition actions to evaluate your rights and file proper motions.
4. If you want to keep the home, look into refinance options and speak with lenders about qualifying alone for the mortgage.
5. If you prefer a buyout by the other side, propose a clear, appraisal‑based buyout formula in writing and offer mediation.
6. If a sale is already scheduled, promptly file motions to delay sale and request a court hearing on buyout terms and valuation.

When to get a lawyer

If your house is at risk of being sold without buyout terms, it’s usually time to consult an attorney. A lawyer can draft motions, request appraisals, obtain temporary orders to halt a sale, and negotiate a buyout or structured settlement that preserves your financial interests. If cost is a concern, look for Maine legal aid, court self-help resources, or limited-scope representation options.

For self-help resources and general information about Maine family court procedures, see the Maine Judicial Branch self-help pages: https://www.courts.maine.gov/selfhelp/index.html. For Maine legislative information and statutes, start at the Maine Legislature website: https://legislature.maine.gov.

Helpful Hints

• Act quickly—deadlines and sale schedules move fast. Missing a filing window can make it harder to stop a sale.
• Think in numbers: know the mortgage balance, estimated market value, and how much equity each party will receive after costs.
• Get proof of payments—mortgage, taxes, insurance—because the court will offset contributions when dividing proceeds.
• Mediation is often faster and cheaper than trial. Courts in Maine commonly expect parties to attempt settlement first.
• If you want to keep the house but can’t refinance immediately, propose an installment buyout with security or a court‑approved payment schedule.
• Don’t let the property fall into disrepair; its marketability affects buyout amounts and net proceeds.
• Be realistic about costs: broker commissions, closing costs, repairs, and taxes reduce net proceeds from a sale.
• Document everything in writing. Verbal agreements have limited value in court unless converted into a signed agreement or court order.

If you’d like, provide basic facts (is this a divorce or a partition; mortgage status; whether you want to keep the house) and I can outline sample buyout calculations and a list of motions you might consider filing in Maine court.