Legal Question in Real Estate Law in Maine

Partition Actions

I do not have an internet site to present to you. However, partition actions are usually a legal remedy when one owner desires to force a sale of a parcel of real estate when the second owner refuses. It is an expensive remedy as an individual under some state practices requires an individual to act an as a trustee to sell the interest in real estate. There is advertising and other costs associated with partition actions that vary from jurisdiction to jurisdiction. I suggest you speak with an attorney from your jurisdicition to discover the detailed requirements of your juridiction. My experience is that usually once such an action is threatened or actually filed the owners usually agree to an amicable sale to cut the expenses for there is no defense to such a legal action unless there is a written legal agreement to the contrary.

Maine Partition Actions

In Maine, the co-owner desiring to partition the real estate files a complaint in Superior Court and serves notice on all other parties. Each side usually hires an appraiser and possible a surveyor as expert witnesses. The Court often appoints a refreee or a panel to hear the expert witness testimony and make a report to the judge (no jury). The court can physically divide the property, or order it sold and the proceeds divided. In either case, the object is to give each co-owner his or her fair share.

Partition actions are expensive, and time -consuming. Many lawyers will say that the court keeps them at the bottom of the list for trial, motions, etc. I usually tell clients to expect $10,000 to $15,000 in expenses and fees, and more if the experts are far apart. Three years would not be an unreasonable time frame in Hancock county, where I am located. For all these reasons, there is great pressure to settle partition cases.