What steps are required to file a court petition to partition land owned by multiple relatives in Maine?

Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified attorney to discuss your specific situation.

Detailed Answer

In Maine, co-owners (tenants in common or joint tenants) may seek a court-ordered division of real estate under the Partition Statutes, Title 14, §6401 et seq. (https://legislature.maine.gov/statutes/14/title14sec6401.html). The following outlines the typical process:

1. Confirm Your Status as a Co-owner. Ensure you hold legal title. Any co-tenant named on the deed may petition.
2. Prepare the Petition. Draft a complaint that includes:
   • Names and addresses of all co-owners.
   • Legal description of the property (from the deed or registry).
   • Statement that you seek partition (physical division or sale if division is impracticable).
   • Signature and verification by a notary public.
3. File in the Correct Court. Submit your petition to the Maine Superior Court in the county where the land lies. Pay the filing fee as set by the court’s schedule of costs.
4. Serve All Co-owners. Under Maine Rule of Civil Procedure 4, personally serve each co-tenant with a copy of the petition and summons. File a proof of service with the court.
5. Court Appointment of Viewers or Commissioners. If co-owners cannot agree on dividing the land, the court appoints commissioners per Title 14, §6402 (https://legislature.maine.gov/statutes/14/title14sec6402.html). They will inspect and propose a division or, if no equitable division is possible, a sale.
6. Report and Hearing. The commissioners submit a written report. The court schedules a hearing for any co-owner to object or propose alternatives.
7. Final Decree. After considering objections, the court enters a decree ordering either:
   • Physical division of parcels among co-owners.
   • Sale of the entire property with proceeds divided according to ownership interests.
8. Record the Decree. File the court’s judgment and any resulting deed with the county registry of deeds to update ownership records.

Helpful Hints

• Early Communication: Discuss goals with co-owners before filing to reduce conflict and costs.
• Title Search: Obtain a recent title report to verify all interest holders and any liens.
• Survey or Engineer Report: Use professional surveys to clarify boundary lines for a fair division.
• Court Fees & Costs: Confirm filing, service, and commissioner fees with the county clerk.
• Mediation Option: Consider mediation under Maine Rule of Civil Procedure 16 before proceeding with formal partition.
• Legal Counsel: Retain an attorney experienced in Maine real estate litigation to guide you through procedural requirements.