How Do Building Code Violations Affect Property Division in a Maine Divorce?

When a couple divorces in Maine and one or both spouses own real property with building code violations — such as unpermitted structures, storage containers placed without authorization, or improvements lacking proper permits — the issue directly impacts how courts handle equitable distribution.

How Does Maine Divide Property With Code Violations?

Maine is an equitable distribution state, meaning courts divide marital property fairly but not necessarily equally. Under Me. Rev. Stat. tit. 19-A, § 953, the court considers multiple factors when dividing assets, including the economic circumstances of each spouse and the value of each spouse's property interests.

Property with unresolved permit violations is typically appraised at a lower market value. A 2024 National Association of Realtors study found that unpermitted improvements can reduce a property's value by 10–20%, and in some cases buyers' lenders will refuse to finance the purchase entirely. This means the spouse who receives code-violated property in a divorce settlement may be getting a less valuable asset than it appears on paper.

What Happens to Unpermitted Structures During Divorce?

If you placed a storage container, built an addition, or completed plumbing work without a permit on marital property in Maine, several things may happen during divorce:

• Valuation reduction: Appraisers must note code violations, which lowers the fair market value used in property division
• Remediation costs: The court may factor in the estimated cost to bring the property into compliance — typically $2,000–$15,000 depending on the scope of violations
• Disclosure obligations: Under Maine law, both parties must fully disclose all property conditions during divorce proceedings, including known code violations
• Liability allocation: The court can assign responsibility for resolving permit issues to the spouse who retains the property

Does It Matter Who Caused the Violation?

Under Me. Rev. Stat. tit. 19-A, § 953(1), courts consider each spouse's contribution to the acquisition, preservation, or appreciation of marital property. If one spouse placed an unpermitted structure that now requires costly remediation, the court may account for that when balancing the overall division. However, Maine courts focus on equitable outcomes rather than punishing one party.

According to Maine divorce statistics, approximately 63% of divorces involving real property disputes require professional appraisals, and properties with code enforcement issues often require additional inspections that extend the timeline.

What Steps Should You Take?

If you are facing divorce and your marital property has code violations or permit issues:

1. Respond to any code enforcement notices immediately — ignoring them can result in fines that become marital debt
2. Get a professional appraisal that accounts for the violation's impact on value
3. Gather permit records from your local Code & Planning Department
4. Consult a family law attorney who can advise how the violation affects your specific property division — you can find an attorney in your area

Review our Maine divorce checklist for a complete guide to the steps involved, and see Maine divorce resources for links to local court forms and filing information. Resolving permit issues before finalizing your divorce can protect both parties from unexpected costs down the road.