Options When a Co‑Owner Refuses to Leave or Sell an Inherited Property in Maine

Disclaimer: This is general information and not legal advice. For guidance about your specific situation, consult a Maine attorney.

Detailed Answer

When property passes to two or more heirs, they typically hold an undivided ownership interest (commonly as tenants in common). Each co‑owner has the right to possess the whole property, but no one owner can force another to accept a buyout without agreement. If an heir lives on the inherited property and will not move or consent to a sale, Maine law gives co‑owners several legal paths to resolve the dispute. Below are the typical steps, how the courts usually respond, and practical considerations.

1. Confirm ownership and how title passed

Start by confirming the legal title: did the property pass by probate, by a deed, by a trust, or by operation of law (intestate succession)? Obtain a title report or deed search to see all current owners, liens, and encumbrances. If the estate has not been fully administered in probate, resolving ownership problems through the probate process may be necessary before pursuing other remedies.

2. Try voluntary solutions first

Courts favor voluntary settlement. Common approaches include:

Written buyout offer based on a recent appraisal.
Mediation to negotiate terms (who stays for how long, rent, buyout schedule, or sale method).
Agreement to list the property and split net sale proceeds.

3. File a partition action in court if negotiation fails

If the co‑owners cannot agree, a co‑owner can ask a court to force a partition. In Maine, partition actions proceed through the civil courts. The court’s usual remedies are:

Partition in kind: physically divide the property into separate parcels if practical (more common with large, divisible real estate).
Partition by sale: if dividing the land is infeasible, the court orders a sale and divides the proceeds among co‑owners according to their ownership shares after paying liens and sale costs.

The court may appoint a commissioner to handle the division or sale, set terms, and oversee distribution. A partition action can also address occupancy issues, including awarding a money payment (rent or damages) to co‑owners for exclusive use by one occupant.

For general statutory materials and to locate the Maine statutes and court rules that govern partition and related civil actions, see the Maine Legislature statutes page: https://legislature.maine.gov/statutes and the Maine Judicial Branch: https://www.courts.maine.gov/.

4. Eviction is limited when the occupant is a co‑owner

Eviction (dispossessory action) targets tenants who occupy without legal right. An heir who is a co‑owner typically cannot be evicted simply because other co‑owners disagree; instead, the proper remedy is a partition action or an agreement. After a court orders a sale, the purchaser or the court can obtain possession through standard court procedures if necessary.

5. Recovering rent or damages

A court can require an occupying co‑owner to account for rental value or to pay for expenses (taxes, insurance, repairs) attributable to their exclusive possession. The court decides equitable distribution of costs and benefits when it resolves the partition or related claims.

6. Costs, timing, and likely outcomes

Partition litigation takes time and costs money (filing fees, attorneys, appraisals, commissioner fees, sale expenses). If the property is sold, net proceeds are divided among owners. If a co‑owner wants the property and others want to sell, the court may order sale even if one owner objects. Courts generally prefer sale over leaving property tied up indefinitely when owners cannot cooperate.

7. Practical steps to prepare

Gather documentation: deed, will, probate papers, mortgage statements, tax bills, insurance policies, and photos.
Get a current appraisal or broker price opinion to support negotiations or court pleadings.
Send a clear written demand (keep copies) requesting sale, buyout, or possession terms and state you will pursue legal remedies if necessary.
Consider mediation before filing suit—courts often expect parties to try alternative dispute resolution.
Consult a Maine attorney who handles real property, probate, or partition actions to discuss strategy and likely costs.

Helpful Hints

Do not attempt a self‑help eviction (changing locks, removing belongings). Self‑help can be illegal and may expose you to liability.
Document all communications with the occupying heir in writing and keep records of expenses you pay for the property.
Consider whether it makes financial sense to litigate. Legal fees may reduce the eventual proceeds from a forced sale.
If heirs disagree about selling to a family member or third party, propose a neutral appraisal and let the price drive a buyout figure.
Check for liens, unpaid taxes, or mortgages. A forced sale will first satisfy these encumbrances, which affects each heir’s share.
Ask whether the occupant qualifies as a tenant under Maine landlord–tenant law—if so, a dispossessory action may apply in different facts (e.g., if the occupant is a non‑owner occupant without title).
Use the Maine Judicial Branch site for court forms and procedural information: https://www.courts.maine.gov/.

When in doubt, contact a Maine attorney to review your title, evaluate settlement options, and explain the costs and timeline of a partition action. An attorney can also advise whether a probate step is necessary before pursuing court remedies.

Final reminder: This article provides general information about options under Maine law and does not substitute for personalized legal advice.