Legal Question in Real Estate Law in Maine

Lein Laws, Joint Party Interests

A friend of mine and I purchased a home 20 years ago. My partner then started using drugs and we parted company, but I never had his name removed from the deed.

Two years ago I decided to sell my house and was told I could not sell without my partner's signature. In a search, I learned that my partner had leins against our property about which I had not been informed. I was further informed that I would not be held liable for any of HIS leins against my property. Recently, I learned that my partner dropped dead of a heart attack and that now the my home is legally mine. I ALSO understand that his LEINS are ALSO mine, and that they must be tended before I can sell my property.

Question: How could it be that my partner's leins against our property could not be assigned to me while he was alive, but now that he is deceased, his leins are mine to bear? Can this be true?

Thank you in advance for your consideration.


Asked on 8/13/03, 3:57 pm

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

Re: Lein Laws, Joint Party Interests

Thank you for the question. Unfortunately, at this time I cannot give to you a simple answer as to whether or not the former joint tenant's liens must be paid from the proceeds of the property. This determination is based upon factors such as (1) exactly what type of liens are they? Judgment liens? taxes? voluntary liens?; and (2) at what time did these liens arise? 5 years ago? 15 years ago? was proper notice given at that time?; etc. I would be willing to discuss further if you wish to contact me directly at 207-767-4824. Thank you.

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Answered on 8/18/03, 8:50 am


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