Legal Question in Real Estate Law in Maine

My dilemna is this: My family owns a camp in Maine. The camp was inherited by mother and her 5 siblings about 10 years ago and all 6 owners have an equal share in the camp (I use the term share for convenience, but this property is not a time share of any kind, but all six names are on the deed). Five years ago one of my mothers siblings passed away and the consensus was that the deceased's share be inherited by his children. So there are now 5 of the original owners whom all own an equal share and two owners who share a single share (only one of their names, the oldest of the two, appears on the deed). Recently due to family turmoil, the two most recent inheritors have decided to relinquish their share. They have spoken with all other family members and have said that they wish to be bought out (they had the camp appraised and got a figure of $120,000) for $10,000 each. They have warned that if they are not bought out they will take the necessary steps, and force the family to put the camp on the market so that they can get their share of the camps worth. My question is whether or not there is any legal precedence in their threats. Can or will a judge rule that they are legally entitled to their share of the camps value or are their threats unfounded and not based on any actual legal right they may or may not have.

I would also like to note that they acquired their share of the camp for free and have invested no money into it with the exception of their share of the annual tax bill, which for what its worth they have consistently been neglegant in paying. I hope i have provided enough information and that someone can shed some light the the legal rights of all parties involved.


Asked on 7/14/10, 8:33 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Proper planning for the transition of family property is difficult to achieve. I am not sure why the children of the deceased sibling took her 1/6 interest, unless the Camp was originally titled in all 6 siblings as "tenants in common" and not as "joint tenants", and her Will provided that her surviving children receive her interest, and her estate deeded the property to them. I note this issue at the outset only to be sure you are not making assumptions about their children's actual legal rights.

However, assuming that at least one of the children properly posesses a 1/6 deeded interest, then a legal action can be brought by them seeking a "partition" of the property. If the property cannot be physically divided, as it usually cannot, the case provides a vehicle for the parties to negotiate a buy-out or eventually the Court can order the property to be sold and the proceeds distributed equitably. The fact that the 1/6 was inherited and not paid for does notchange their right to partition, but may impact their fair share if they have not been paying the bills.

My lawfirm frequently works on family planning matters and partition cases if you want to call and follow up with me.

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Answered on 7/16/10, 2:16 pm


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