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Maine
Complaint for Partition of Real Property

Maine Complaint for Partition of Real Property

Category:

Civil Actions - Complaints - Partitions

State:

Multi-State

Control #:

US-02663BG

Format:

Instant download

Description

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.

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How to fill out Complaint For Partition Of Real Property?

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FAQ

An answer to a partition action is a pleading by the defendant in response to the plaintiff's complaint for partition. In the answer, defendants have an opportunity to address the allegations contained in the plaintiff's partition action complaint.

Each joint owner has an undivided right to possess the whole property and a proportionate right of equal ownership interest. When one joint tenant dies, his/her interest automatically passes on to the surviving joint tenant(s).

A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of ?Partition?.

A party claiming title by adverse possession has the burden of proving, by a preponderance of the evidence, that possession and use of the property was (1) actual; (2) open; (3) visible; (4) notorious; (5) hostile; (6) under a claim of right; (7) continuous; (8) exclusive; and (9) for a duration exceeding the twenty- ...

A partition action is a lawsuit that provides the remedy of dividing jointly owned real estate, either physically or by forced sale. Generally, a co-owner of real property is entitled to a partition by the court. There are two forms of partition actions in Maine, statutory partition and equitable partition.

Physical/Statutory Partition § 6501 is only appropriate in situations where the property at issue can be physically divided among co-owners. In order to initiate a statutory partition, a co-owner must commence the action in the Superior Court or District Court in the county for which the property is located.

Adverse Possession Definition In Maine, if a person uses a part of another person's property for a period of at least 20 years and satisfies all the other requirements for adverse possession, they can attain ownership of that part. Adverse possession is sometimes referred to as ''squatter's rights.

In a partition lawsuit, there are generally four different steps. First, the court determines each party's ownership interests. Second, the court will decide on the manner of sale. Third, the court will order the property be sold.

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