Asked in Real Estate Law for Maine

Q: I own 257 acres in Maine as Joint Tenants with another couple. We both have our own homes. Can I sell my half

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1 Lawyer Answer
Fred Bopp III
Fred Bopp III
  • Yarmouth, ME
  • Licensed in Maine

A: Assuming the 257 acres are owned by all the joint tenants as one lot, no, you cannot sell your half of that property unless and until you divide the entire lot into two lots first, such that you alone own your "half." To do so, you would either need the consent of your other joint tenants or you could bring an action in court seeking to force a sale. Right now, it appears you own an undivided interest in the whole parcel, as do all the other joint tenants. You would need to sever the joint tenancy to allow for a sale of your half. This would be fairly easy to do if all the joint tenants agree.

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