Partition Action Complaint - Maine

MAINE COMPLAINT FOR PARTITION OF REAL ESTATE

PART 1 — PRE-FILING CHECKLIST

☐ Obtain a current title abstract identifying every co-owner and every person with an easement, encumbrance, or other interest; all must be joined (14 M.R.S. §§ 6501, 6504).
☐ Determine each owner's fractional interest and estate (fee simple or life).
☐ Decide which form of partition to pursue: statutory/physical partition under 14 M.R.S. § 6501 (when the property can be physically divided) or equitable partition under 14 M.R.S. § 6051(7) (sale/buyout/timeshare when physical division is impractical).
☐ Compile an accounting of contributions (mortgage, taxes, insurance, necessary expenses, improvements) and offsets (rents collected, exclusive possession/ouster) for each co-owner (14 M.R.S. §§ 6514, 6515; equitable partition case law).
☐ Confirm venue (Superior Court or District Court in the county where the property is located).
☐ Note the three-year collateral-attack window for persons not joined (14 M.R.S. §§ 6522–6523); join all interested persons.
☐ Prepare a lis pendens for recording in the registry of deeds (14 M.R.S. § 4453).

PART 2 — COMPLAINT

Court Caption

STATE OF MAINE
[____________________], ss.
[☐ SUPERIOR COURT / ☐ DISTRICT COURT]
Location: [____________________]

Docket No.: [________________________________]

COMPLAINT FOR PARTITION OF REAL ESTATE (14 M.R.S. § 6501 et seq.)

NOW COMES the Plaintiff and complains against the Defendants as follows:

I. Parties

1. Plaintiff [____________________________________] is a [☐ natural person residing in / ☐ entity organized under the laws of] [____________________], with an address at [________________________________________________], and is seized of or has a right of entry into the real estate described below as a tenant in common or joint tenant (14 M.R.S. § 6501).

2. Defendant [____________________________________] is, upon information and belief, a [☐ natural person / ☐ entity] with last known address at [________________________________________________], and is a co-owner of the Property.

3. The following persons hold an easement, right of way, lien, or other encumbrance or interest in the Property and are joined as parties (14 M.R.S. § 6504): [____________________________________].

4. ☐ Defendant [____________________] is a minor or under guardianship and is or should be represented by a guardian or agent as provided in 14 M.R.S. § 6505.

II. Jurisdiction and Venue

5. This Court has jurisdiction over this partition action under 14 M.R.S. § 6501 (statutory partition) and 14 M.R.S. § 6051(7) (equitable partition).

6. Venue is proper in [____________________] County, where the Property is located.

III. The Property

7. The real estate subject to partition (the "Property") is located at [STREET ADDRESS, CITY], [____________________] County, Maine, and is described as follows (14 M.R.S. § 6502):

Legal Description: [____________________________________________________________]

Map / Lot (Tax Map): [____________________________________]

Source of Title (Registry Book/Page): [____________________________________]

IV. Ownership and Respective Interests

8. The Property is held by the parties as [☐ tenants in common / ☐ joint tenants] in the following respective interests:

9. Plaintiff acquired Plaintiff's interest by [☐ Deed / ☐ inheritance / ☐ devise] as follows: [____________________________________], recorded in the [____________________] County Registry of Deeds, Book [______], Page [______]; or [Estate Docket No. ____________].

V. Entitlement to Partition

10. Plaintiff and the Defendant co-owners hold the Property as tenants in common or joint tenants. The co-owners cannot agree upon the use, management, allocation of costs, or disposition of the Property, and Plaintiff is entitled to compel a partition under 14 M.R.S. § 6501.

VI. Form of Partition Requested

11. Plaintiff requests the following form of partition (check one):

☐ Statutory / physical partition (14 M.R.S. §§ 6501, 6511). The Property can be physically divided among the co-owners. Plaintiff requests that the Court appoint three (3) to five (5) disinterested commissioners to make a partition of the Property, to report their division by majority decision (14 M.R.S. § 6513), and, if any share is allotted a parcel of greater value than the owner's just proportion, to provide for proportionate compensation (owelty) to the other owners (14 M.R.S. § 6515).

☐ Equitable partition (14 M.R.S. § 6051(7)). Physical division of the Property is impractical or would seriously injure the rights of one or more co-owners because [single residential dwelling on one lot / division would materially diminish value / other: ______________]. Plaintiff requests that the Court exercise its equitable powers to order [☐ a sale of the Property and division of the net proceeds among the co-owners / ☐ a buyout, awarding the Property to one co-owner who shall compensate the other(s) for their shares / ☐ a timeshare or other appropriate non-physical division].

VII. Accounting Among Co-owners

12. An equitable accounting among the co-owners is required so that each owner is charged or credited for the following. In a partition by sale, the Court considers the contributions of each owner — including amounts spent on improvements, maintenance, and a larger portion of mortgage, taxes, insurance, or other necessary expenses — when dividing the proceeds (14 M.R.S. §§ 6514–6516; equitable partition under § 6051(7)):

☐ Contributions paid by a co-owner beyond that owner's proportionate share — mortgage principal and interest, ad valorem taxes, insurance, assessments, and necessary repairs/preservation: [____________________________________].

☐ Improvements made by a co-owner that enhanced the value of the Property (14 M.R.S. § 6514): [____________________________________].

☐ Rents and profits collected by a co-owner, or the reasonable rental value attributable to a co-owner's exclusive possession or ouster of another co-owner: [____________________________________].

☐ Owelty / equalizing payment to balance a parcel of greater value allotted in a physical partition (14 M.R.S. § 6515): [____________________________________].

13. Plaintiff requests that the Court determine the foregoing accounting and adjust the parties' respective shares of the Property, or of the net sale proceeds, accordingly.

VIII. Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Determine the respective interests of the parties in the Property;

B. Order partition of the Property [☐ by appointing three to five disinterested commissioners to make a physical division and report under 14 M.R.S. §§ 6511, 6513 / ☐ by equitable partition under 14 M.R.S. § 6051(7), ordering a sale and division of proceeds, a buyout, or other appropriate relief];

C. Determine the accounting among the co-owners and adjust the parties' respective shares of the Property or proceeds to reflect contributions, rents/ouster offsets, improvements, and any equalizing (owelty) payment;

D. Apportion the expenses and costs of the partition among the parties according to their respective interests, or order one party to bear them, as justice requires (14 M.R.S. §§ 6508, 6516);

E. Confirm the commissioners' report (or the sale) and enter judgment conclusive as to the ownership rights of the parties (14 M.R.S. § 6521); and

F. Grant such other and further relief as the Court deems just and equitable.

Dated: [__/__/____]

[LAW FIRM NAME]

By: ______________________________
[Attorney name], Maine Bar No. [__________]
[Firm address]
[Phone] | [Email]
ATTORNEY FOR PLAINTIFF

PART 3 — VERIFICATION

STATE OF MAINE
COUNTY OF [____________________], ss.

Personally appeared the above-named [____________________________________], who, being duly sworn, deposes and states that [☐ I am the Plaintiff / ☐ I am authorized to verify this Complaint on Plaintiff's behalf]; that I have read the foregoing Complaint for Partition; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

______________________________
[Plaintiff Name]

Subscribed and sworn to before me this [____] day of [______________], [______].

______________________________
Notary Public / Attorney-at-Law — State of Maine
My commission expires: [__/__/____]

PART 4 — NOTICE OF LIS PENDENS (14 M.R.S. § 4453)

CLERK'S CERTIFICATE / NOTICE OF PENDENCY OF ACTION

Pursuant to 14 M.R.S. § 4453, notice is given that the following action affecting the title to the real estate described below is pending:

Real Estate Affected (legal description):

[____________________________________________________________]

Dated this [____] day of [______________], [______].

______________________________
[Attorney name], Maine Bar No. [__________]
ATTORNEY FOR PLAINTIFF

After recording, return to: [Attorney name and firm address]

PART 5 — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] a true and correct copy of the foregoing was served upon all parties of record in accordance with the Maine Rules of Civil Procedure by [☐ the court's electronic filing system / ☐ U.S. Mail / ☐ personal service / ☐ service by publication per 14 M.R.S. § 6503] at the addresses below:

[____________________________________________________________]

______________________________
[Attorney name], Maine Bar No. [__________]

Sources and References

• 14 M.R.S. ch. 719 (Partition of Real Estate), §§ 6501–6525: https://www.mainelegislature.org/legis/statutes/14/title14ch719sec0.html
• 14 M.R.S. § 6501 (Civil action — partition): https://www.mainelegislature.org/legis/statutes/14/title14sec6501.html
• 14 M.R.S. § 6511 (Commissioners; appointment) and § 6513 (notice; majority report)
• 14 M.R.S. §§ 6514–6516 (exclusive possession/improvements; parcel of greater value; expenses apportioned)
• 14 M.R.S. § 6051(7) (equity jurisdiction — equitable partition; sale and division of proceeds)
• 18-C M.R.S. § 3-911 (Partition for purpose of distribution of estate property)
• 14 M.R.S. § 4453 (lis pendens)
• Note: Maine has NOT enacted the Uniform Partition of Heirs Property Act; statutory and equitable partition are governed by 14 M.R.S. ch. 719 and § 6051(7).