Q: What legal standing do I have to acquire home after partner's death in Maine?

A: It does not appear that you have any claim to the property. That includes adverse possession. You only have possession, and some heir may sue to remove you.

A: In Maine, without a will or any formal legal agreement regarding ownership, the home is likely to pass to the deceased’s legal heirs under the state's laws of intestate succession. If the deceased had a living relative, they may have a stronger claim to the property. However, the fact that you have been living in the home, paying property taxes, and maintaining it could provide some evidence of your relationship and responsibility for the property.

To gain legal standing, you may want to consider filing a claim to establish your right to stay in the home or even seek ownership. Maine law does allow for property claims based on continuous residence and contributions to the upkeep of the property under certain circumstances. This could potentially lead to an ownership claim through adverse possession, though this generally requires several years of continuous, open, and exclusive use.

Given the mortgage and loan obligations on the property, it’s important to also address the financial responsibilities, as these could impact your claim. If you haven't already, it may be helpful to consult with a lawyer to explore your options, especially in regard to the living relative’s claim and the legal processes for acquiring the property. Your situation is complicated, but with proper legal guidance, you can better understand your rights and the steps needed to move forward.

A: In Maine, if your partner passed away without a will, the property will likely be considered part of their estate and subject to intestate succession laws. As a life partner without legal documentation, you may not automatically have a claim to the home unless you can prove that you were legally entitled to it through a common-law marriage or another form of legal recognition, which Maine does not officially recognize.

Your continued residence in the home and payment of bills might help demonstrate that you have cared for the property, but it does not automatically grant you ownership. The homeowner's living relative, as a potential heir, would likely have legal rights to the property, and any outstanding mortgage or loan obligations would need to be addressed as part of the probate process.

To claim ownership of the home, you would likely need to take legal steps, such as seeking to be named an heir or filing a claim for a portion of the estate. You may also want to consult with an attorney who can help guide you through the probate process and explore options such as requesting a transfer of the property or negotiating with the living relative.