Legal Question in Real Estate Law in Maine
we own a condo in Maine with my wifes two other sisters. One sister has stopped paying our agreed amount for over a year, the second is paying 100 less than the agreed upon amount. We have had a serious falling out with the family and need get out of this. The condo is paid (we've owned for 15 years) and the monthly fees of 450 and other expenses are the issue. All parties are listed on the deed. How do we get out and force a sale of this property?
2 Answers from Attorneys
You can file a partition action, which would divide the property according to the ownership percentage. Since it is a condo, and not land that can be physically divided, the court would likely order its sale.
Ultimately the legal answer is to file a Complaint seeking a Judicial "Partition", which is really a sale and the proceeds are partitioned or split as most land these days cannot be physically split.
I have handled a number of partition cases and in the end each one was settled by the parties at mediation. The filing of the Complaint will unfortunately sharpen the family divide. I would first send a letter on my lawfirm letterhead offering to work with the other family members' lawyer to informally mediate, or to hire a former Judge to mediate the case before filing suit to try to keep the matter as civil and least damaging to the family as possible.
Each side will add up the money they have put into the unit and have different perspectives on what percentage they are entitled to in a sale or buyout from another relative.
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