Maine Divorce With a House — Your Options (2026)

Your home is often your largest marital asset. The Divorce Agreement controls what happens to it; equitable distribution governs if you can't agree.

Is the Property Marital or Non-Marital?

Purchased during the marriage with marital funds: Marital property — subject to equitable distribution.

Owned by one spouse before the marriage: Non-marital — BUT marital mortgage payments may create a marital equity component.

Inherited or gifted to one spouse: Non-marital — document carefully to avoid commingling.

Option 1 — One Spouse Keeps the House

Divorce Agreement must include:

• Full property address and legal description
• Agreed fair market value (professional appraisal recommended)
• Mortgage balance; marital equity calculation
• Each spouse's equitable share
• Buyout: Keeping spouse pays or offsets the other's equitable share
• Mandatory refinancing deadline: Keeping spouse must refinance into sole name within [X] days — removes the vacating spouse from mortgage liability
• Fallback provision: If refinancing fails, house listed for sale
• Quitclaim Deed from vacating spouse to keeping spouse — recorded at Maine Registry of Deeds

Recording the Deed in Maine

1. Prepare a Quitclaim Deed (or Warranty Deed)
2. Execute and notarize
3. Record at the Registry of Deeds in the county where the property is located
4. Fee: approximately $20 per page
5. Maine does not impose a transfer tax on divorce-related transfers between spouses — confirm with the Registry

Option 2 — Sell and Split the Proceeds

Divorce Agreement must include:

• Net proceeds split (equitable shares of marital equity after payoff and closing costs)
• Timeline for listing after Final Judgment
• Agent selection process
• Occupancy and carrying costs during listing
• Price reduction authorization
• Minimum acceptable price
• Capital gains allocation

Option 3 — Deferred Sale (With Children)

Divorce Agreement must include:

• Triggering event (youngest child turns 18 or a specific date)
• Occupying parent responsible for all carrying costs (mortgage, taxes, insurance, maintenance)
• Non-occupying spouse's equity protected (no new liens; maintenance kept current)
• Capital improvement approval and cost-sharing
• Sale process at the triggering event

Refinancing Deadline — Critical

Without a clear deadline in the Divorce Agreement, the vacating spouse may remain on the mortgage indefinitely — affecting their credit, DTI ratio, and ability to obtain new financing. Include a specific deadline (90–180 days) and a mandatory sale fallback.

Last reviewed: March 2026 | Equitable distribution | Non-marital equity must be documented | Maine Registry of Deeds — county-level recording | ~$20/page | No transfer tax on divorce transfers | Refinancing deadline essential | courts.maine.gov | ptla.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.