Petition to partition when the folks stop sharing the happy times, magic moments at the Maine real estate.
Say the family lake camp in Maine.
Where everyone has lots of photos to show the good times had by all on the waterfront in Maine.
What happens when a vacation retreat in Maine becomes heirship property?
As relatives pass away, their kids inherit their ownership share. But not everyone is a happy camper.
What do you if some of the family members want to sell, others talking let’s hang onto, keep the Maine family lake camp?
It gets more complicated the more fractional ownership shares you have on the Maine real estate.
What’s everyone want to do with the family lake camp in Maine?
This blog post is about petition to partition as a last resort when everyone is not a happy camper.
When everyone on the chain of title is not on the same page on what to do with the heirship property.
The petition to partition is a last resort legal process when all attempts to liquidate the waterfront property fail.
Or when the heirs can not find an equity way to split the property fairly.
So picture this as the plot thickens in the Maine real estate blog post.
Simple design, handcrafted built by your great grandfather years ago for waterfront fun.
Enjoyed by all generations in your family when everyone got along.
The place on the water up in Maine.
Opened up, closed for the season. Docks rolled out, towed back in before a sheet of ice shows up out front the Maine recreational camp.
Always steadily maintained but kept to its original simple design purpose.
Just a simple family lake camp in Maine for family gatherings.
Heated with a wood stove.
The screened in open porch for nightly talks and potluck family dinners.
Back when everyone got along and shared the waterfront camp.
The one overlooking the Maine lake as the sun sets or rises and loons sing in the background.
Wading in, swimming, taking a dip on a hot summer day.
Used by some family members for fall hunting trips and foliage color leaf peeking.
Maybe snowmobiling and ice fishing during winter months.
The “uptah camp in Maine” location shared as a family base for four season outdoor recreation.
But as people do over time, one by one family members die. Stop trekking back and forth to the lake camp. Leaving behind a new crop of younger relatives to step up and sign in. To continue the Maine rest and relaxation waterside tradition.
The atmosphere changes about the Maine lake property.
Missing in action, new less involved family members and growing dissension develops.
As your great grandfather’s bright idea for a family compound dims. Everyone is not a happy camper.
How come?
Needed repairs on the Maine lake camp not performed.
Family members begin to crab about who gets the place for the long July 4th weekend.
Whoever used the place on the water in Maine last left it a royal mess for the next camper to tackle with disgust.
Your brother’s third wife is a piece of work.
Elvira in very short order has everyone in the family in an uproar. Acts like she is the new gate keeper for who can or can not use the family lake camp.
Suddenly camp is not the old “can’t wait to get there and don’t want to leave” vacation location.
The infighting between in-laws, outlaws and plenty of random very intoxicated strange people using the place changes the vibe.
People now bitch and complain not cherish the Maine lake property. They use and abuse it or just stay away altogether.
Your uncle living closest to the family lake camp is just expected to turn on the water in spring.
Then drain the place down before temperatures drop below freezing.
Stanley is growing older, tired but no one else in the family offers to help. Or to share the expense to hire a local plumber to take on the waterworks open and close chore.
Real estate property taxes go unpaid. The yearly bill was always kept current but not anymore. The interest on delinquent taxes racking up quickly.
The failure to pay real estate taxes gets listed in the town report under “Heirs of Ocar P and Clara T Ingraham”.
Everything is going south in a hand basket.
The town could take the place in a tax foreclosure sale after three years. Unless someone digs deep and comes up with some money to the town office tax assessor.
Paint is peeling; the asphalt roof shingles are curling.
Raccoons, mice and squirrels are spending winters here.
There is a leak around the chimney flashing that won’t fix itself.
Just needs money or manpower to correct as the property slides into disrepair.
The same Uncle Bob who turns on and drains the Maine lake camp gets three estimates. To strap and add a new metal roof, for flashing leak repair. His wife Aunt Daisy sends copies of all work estimates and a growing pile of bills to family members who don’t respond.
Something has to give.
A decision on what to do with the Maine lake camp is long overdue.
Thank goodness there is no mortgage on the property but there are tax liens. If three years of back taxes happens, the town will own Grampy and Gram’s much loved lake camp.
So where does the petition to partition legal process come in and what steps are needed before preparing to go to court?
As a Maine real estate broker who has been involved in petition to partition situations, it starts with a call.
Usually, I hear from the oldest family member. Or the one doing most of the property repairs, lawn mowing and bill paying reaches out wanting to sell.
I trot into the registry of deeds for the county where the property is located. Make a copy of the original deed, do the same for the survey to the Maine lake lot. Reach out to the town office for the property tax assessment card.
Meet with the family member who reached out about the Maine lake camp. Do a walk through, around at the property taking careful notes on a clipboard. What are the road dues and who collects them? Is there a mortgage, any right of way or shared septic or well?
Round up all the contact names, addresses, phone numbers, emails for all the heirs who own a fractional property share.
Then back to the real estate office, study the recent sales and market listings for properties like the Maine lake camp.
Come up with a fair market value, broker price opinion CMA what’s it worth estimate.
Does the boat, all the kayaks, personal property convey or available for additional funds?
Or kept by individual family members? Need to address, determine better sooner than later what stays or goes in a Maine real estate listing sale.
Everyone who owns a share of the heirship property in agreement to sell for this dollar amount? Has anyone paid the taxes or mortgage payment, insurance bill on their own and needs reimbursement on the HUD-1 real estate settlement statement?
One thinks it is worth seven or eight times that list price? One hold out that thinks Grampy would roll over in his grave. That the place should not be sold at all.
Do one or two of the family members want to buy out the rest and keep the place?
Yes, but for half the real value of the family property?
That’s probably not going to work but step by step I try to help mediate with the family members one by one. Back and forth to try to find a solution.
Like it or not, I need to see the family dynamics of who gets along, who is out for blood.
The division that happens when arm wrestling over money from a family asset listing sale is not cut and dry pretty.
Some don’t want to sell at any price, others want the stars, sun and the moon.
What works best is to explain how other families in the same situation handled it.
What the options are once you read the room and learn each family members expectation opinion of what should happen.
Like a jury, I’m trying to get a consensus, hammer out a plan for a lake property listing sale to help the family.
So petition to partition, when does that last resort card get played? When I can not get everyone on board from all the family member heirs. To agree to sell, at this listing price with all the conditions of a real estate sale clearly spelled out.
Petition to partition that takes time, billable hours and court house steps to force a sale.
It happens in a stalemate and when communication breaks down. When efforts to engineer a family member or group of heirs to buy out the rest at an agreed upon share price fails.
When you cannot break off, split the property in two or more pieces, your only last option is to force a sale.
To get fair market value today of the asset.
Because a judge knows money can be split in equal checks to match the number of family members.
Not a Maine lawyer, don’t play one on television or stage of community theatre.
But I do know you need to reach out to a local attorney to discuss your options.
If you find yourself in a family heirship situation where no one can agree to buy, sell, hold and petition to partition is the final legal remedy.
When voluntary agreements or voluntary buy outs negotiations fail. If an equitable, logical legal way to carve the property into smaller pieces is just not possible. Then it is time to consult with a local Maine real estate attorney.
The court can order a property sale too not just in family heirship property situations like our lake camp in Maine example.
Business partners, divorcing couples may be part of a petition to partition court proceeding too. When seeking to sever or dissolve joint ownership of real estate holdings.
When property owner partners want out, cannot decide what to do with a common or jointly held property, ask a lawyer you trust about the petition to partition process. Where the court orders a Maine real estate sale to just how to distribute the proceeds to individual property owners.
Consult with a Maine real estate attorney.
Get legal advice about how property co owners have the right to petition the courts to partition the real estate through the court system.
I’ve seen it used to resolve a waterfront property on Pleasant Pond sale.
Where his sister dies, the co owner brother could not work out a solution with the two nephews who inherited the property.
And another petition to partition situation.
Where it involved 100 acres of Littleton Maine family heirship land.
The four heirs could not work out an equitable solution to release their individual interests and a judge ordered the listing the land for sale. Three wanted to sell, had no beef.
One heir land owner with a quarter interest would not consider a division of any kind. I tried several options to create a parcel she could retain that would let her three other siblings to sell their land interest. Nothing short of hanging onto the property in Maine was her only position on the matter.
Try to mediate because the court process is slow and costly. It’s hard on the family members and strains relationships.
The cost to file the complaint, to serve all the members of the lawsuit to force a sale, set up a trial date.
The judge is busy. Behind in his or her case load. Prefers an agreed upon settlement worked out by a mediator, able bodied attorneys to just sign.
Cash is easier to divide among the owners.
Some properties are just not able to split up in multiple pieces.
Subdivision laws, shoreland zoning and local community ordinances all factor in on what you can legally do with Maine property.
If each of the heirs are faced with $5000 to $20,000 petition to partition legal fees, a black and white ten day order served on them to appear in court. A settlement can be reached to speed up the legal process. Contested drawn out legal disputes add to the costs and salt in the wound.
Good luck if you the reader of this Maine real estate blog post ends up in a petition to partition property dispute.
They say if you really want to split up a family, cause hate and discontent. Avoid any estate planning measures. Just leave a waterfront property in Maine to all of them equally.
I’m Maine REALTOR Andrew Mooers, ME Real Estate Broker
207.532.6573 | info@mooersrealty.com |
MOOERS REALTY 69 North Street Houlton Maine 04730 USA