A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.
A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.
Maine Complaint for Partition of Real Property is a legal document used in the state of Maine when two or more parties co-own a property, and one or more of the owners wish to divide or sell their share. This complaint is filed in the appropriate Maine court to enforce the right to partition, ensuring each co-owner receives their fair share of the property. The Complaint for Partition of Real Property outlines the details of the property and the co-owners involved, specifying their respective ownership interests. It establishes that the property cannot be physically divided or equitably partitioned, hence necessitating judicial intervention. Keywords: Maine, Complaint for Partition, Real Property, co-ownership, divide, sell, fair share, filed, court, enforce, right to partition, property details, ownership interests, physical division, equitable partition, judicial intervention. Different types of Maine Complaint for Partition of Real Property may include: 1. Absolute Partition Complaint: This type of complaint is filed when the co-owners seek to completely divide and separate their ownership interests in the property, resulting in each party owning a distinct portion of the real estate independently. 2. Partition in Kind Complaint: In situations where the property can be divided physically without any significant loss of value, this complaint seeks to divide the property among the co-owners without a sale. 3. Partition by Sale Complaint: When the property cannot be physically divided or when the co-owners mutually agree to sell the property, this complaint is filed to request the court to order a sale and divide the proceeds among the co-owners based on their ownership percentages. 4. Partition by Appraisal Complaint: In cases where co-owners cannot agree on the property's value or the appropriate method of division, this complaint is used to request the court to appoint an independent appraiser to determine the fair market value and implement an equitable partition based on the appraisal. Keywords: Absolute Partition Complaint, Partition in Kind Complaint, Partition by Sale Complaint, Partition by Appraisal Complaint, divide, separate, ownership interests, physical division, sale, proceeds, appraisal, fair market value, independent appraiser, equitable partition, court order.Maine Complaint for Partition of Real Property is a legal document used in the state of Maine when two or more parties co-own a property, and one or more of the owners wish to divide or sell their share. This complaint is filed in the appropriate Maine court to enforce the right to partition, ensuring each co-owner receives their fair share of the property. The Complaint for Partition of Real Property outlines the details of the property and the co-owners involved, specifying their respective ownership interests. It establishes that the property cannot be physically divided or equitably partitioned, hence necessitating judicial intervention. Keywords: Maine, Complaint for Partition, Real Property, co-ownership, divide, sell, fair share, filed, court, enforce, right to partition, property details, ownership interests, physical division, equitable partition, judicial intervention. Different types of Maine Complaint for Partition of Real Property may include: 1. Absolute Partition Complaint: This type of complaint is filed when the co-owners seek to completely divide and separate their ownership interests in the property, resulting in each party owning a distinct portion of the real estate independently. 2. Partition in Kind Complaint: In situations where the property can be divided physically without any significant loss of value, this complaint seeks to divide the property among the co-owners without a sale. 3. Partition by Sale Complaint: When the property cannot be physically divided or when the co-owners mutually agree to sell the property, this complaint is filed to request the court to order a sale and divide the proceeds among the co-owners based on their ownership percentages. 4. Partition by Appraisal Complaint: In cases where co-owners cannot agree on the property's value or the appropriate method of division, this complaint is used to request the court to appoint an independent appraiser to determine the fair market value and implement an equitable partition based on the appraisal. Keywords: Absolute Partition Complaint, Partition in Kind Complaint, Partition by Sale Complaint, Partition by Appraisal Complaint, divide, separate, ownership interests, physical division, sale, proceeds, appraisal, fair market value, independent appraiser, equitable partition, court order.
