What happens if mediation fails and I need to file a partition action to force the sale of jointly owned land in Maine?

Short answer: If mediation fails, you can file a partition action in Maine Superior Court to ask the court to divide the property (partition in kind) or, if division is not practical, order a sale and divide the proceeds among the owners. The court will follow statutory procedures, may appoint a commissioner or referee to manage division or sale, and will distribute net proceeds after paying liens, costs, and approved adjustments for contributions, repairs, or waste.

Detailed answer — How a partition action works in Maine

This section explains the usual steps, the legal standards, and likely outcomes if you proceed with a partition action in Maine. This is general information only and not legal advice.

1. Where to file

Partition actions are civil matters brought in the Maine Superior Court. A co-owner (plaintiff) files a complaint asking the court to divide or sell the property and to direct how the proceeds or divided parcels should be allocated among owners.

2. Basic statutory authority

Maine law provides the procedures for partition actions and related remedies. The statutes describe who may sue, the court’s powers to divide or order a sale, and how costs and proceeds are handled. See the Maine statutes on partition (e.g., the partition provisions of the Maine Revised Statutes) for the exact language and details.

3. Usual process and timeline

File complaint: You prepare and file a complaint for partition naming all owners and any parties with recorded interests (mortgages, liens).
Service and pleadings: Defendants are served and can answer or assert counterclaims (for example, an offset for improvements or rents).
Pretrial steps: Parties may exchange evidence, ask the court for inspections, or move for temporary relief (for example, to prevent a co-owner from cutting timber or selling). Mediation can still occur after filing, and courts sometimes encourage settlement.
Hearing/trial: If you cannot agree, the court will hold a hearing or trial on whether partition in kind is practicable and, if not, on the method of sale and division of proceeds.
Commissioner/referee: The court often appoints a commissioner or master to value the land, map divisions, supervise sale, and report back to the court.
Sale and distribution: If the court orders sale, it will direct how sale proceeds are handled — payment of liens and expenses first, then distribution among owners according to their shares and any judicial adjustments.

4. Partition in kind vs. partition by sale

The court will usually prefer partition in kind (physically dividing the land) when it can be done fairly without materially diminishing the value. If the tract cannot be fairly divided — for example, because of its size, shape, location of improvements, or because division would impair value — the court will order a sale and divide the proceeds.

5. How proceeds are allocated

Distribution usually follows owners’ legal interests (e.g., percentage ownership), after the court pays or accounts for:

Recorded liens and mortgages (these are typically paid from sale proceeds in order of priority).
Costs and expenses of the sale, including commissions, advertising, and court costs.
Allowances or credits for contributions to the property (payments by one co-owner for taxes, repairs, or improvements) or for waste, if the court finds equitable adjustments are warranted.

6. Mortgage and lien issues

A mortgage or other lien on the property does not disappear because the property is partitioned. Lenders maintain their priority; typically the lien is paid out of sale proceeds. If a co-owner wants to keep the property, they may have to assume or pay off the lien.

7. Costs and attorney fees

Usually each side pays its own attorney fees unless a statute or contract provides otherwise or the court finds bad faith or other equitable grounds to award fees. The court can order costs and fees against a party in limited circumstances.

8. Possible outcomes and practical results

Agreement reached post-filing: Often a filing prompts settlement or a buyout offer from one co-owner to another.
Partition in kind: Owners receive separate portions of the original parcel.
Court-ordered sale: Property is sold (public auction or private sale under court supervision) and net proceeds are divided among owners.
Offsets and adjustments: The court may adjust distributions for contributions, rents, mortgage payments made by a co-owner, or for waste.

9. Practical considerations before filing

Filing a partition action can be time-consuming and costly. Consider whether a buyout, negotiated sale, or refinancing is possible. If you need money quickly (e.g., to pay taxes or mortgage), discuss interim remedies with counsel, such as requesting that the court order a receiver or other protections.

10. Where to read Maine law

For the controlling statutory language on partition procedures and the court’s authority, consult the Maine Revised Statutes and the Maine Judicial Branch resources on civil procedure.

Useful official resources:

Maine Revised Statutes — current statutes are online at the Maine Legislature website: https://legislature.maine.gov/statutes/ (search for “partition” or relevant Title/section on partition).
Maine Judicial Branch — rules and court contact information: https://www.courts.maine.gov/

Helpful Hints

Try a written buyout offer before filing. A reasonable written offer can prompt settlement and save costs.
Document contributions. Keep receipts for taxes, mortgage payments, repairs, and improvements — the court may credit these amounts to an owner who paid them.
Check title and recorded liens early. Identify mortgages, tax liens, or judgments that will affect distribution of proceeds.
Consider appraisal. A current appraisal can show whether a division in kind is feasible and supports your valuation positions at court.
Expect a commissioner. Courts commonly appoint a neutral commissioner to partition, value, or sell the property — be prepared to cooperate with inspections and surveys.
Plan for costs and timing. Partition actions often take months and involve court costs, appraisal fees, surveying costs, and possible broker commissions if the court orders a sale.
Talk to a Maine attorney. A lawyer experienced in Maine real property and partition practice can advise on strategy, drafting the complaint, and protecting your financial interests.

Next steps

If mediation has failed and you want to force a sale or formal division, consult an attorney licensed in Maine to review your title, liens, and likely outcomes for your situation. An attorney can prepare the complaint, represent you at hearings, and help protect your monetary interests during sale or division.

Disclaimer: This article explains general Maine law concepts and is for informational purposes only. It does not constitute legal advice and is not a substitute for consulting a licensed attorney about your specific situation.