Disclaimer

This article provides educational information about New Hampshire law and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed New Hampshire attorney.

Detailed Answer: How partition-for-sale works in New Hampshire and how to start

When multiple people inherit real property and one or more co-owners (for example, a minority of siblings) refuse to sell, New Hampshire law allows a co-owner to ask the court to partition the property. A partition can be a physical division (partition in kind) or a sale of the entire property with proceeds divided among owners (partition by sale).

Key statutory authority is the New Hampshire statutes on partition. See RSA Chapter 547 for the statutory framework on partition actions: RSA Chapter 547 — Partition of Real Estate.

1. Confirm ownership type and shares

• Gather deeds, wills, probate papers and title information that show who owns the property and how the ownership is held (tenants in common, joint tenants, etc.).
• Most partition actions involve tenants in common (each owner has a divisible share). If title is held as tenancy by the entirety (usually spouses), partition rights differ.

2. Try a negotiated solution before filing

Court actions are costly and slow. Before filing, try these options:

• Offer a buyout: have an appraisal and offer to purchase the dissenting owners’ shares.
• Use mediation or family settlement negotiation to reach terms on sale, division of proceeds, or buyouts.
• Propose a co-ownership agreement with clear rules for use, expenses, and future sale.

3. When to file a partition complaint

If negotiation fails, file a partition complaint in the New Hampshire Superior Court in the county where the property lies. A partition complaint typically requests either:

• Partition in kind (physical division) if the property can be fairly divided; or
• Partition by sale — ask the court to order sale of the property and divide net proceeds according to ownership shares.

4. What to include in the complaint and what happens next

Your complaint should identify the property, list all co-owners and their interests, describe any liens or mortgages, and state why partition in kind is impracticable (if asking for sale). The plaintiff must serve process on all defendants (all co-owners and parties with recorded interests).

After filing and service the court normally will:

• Allow the parties to assert claims or defenses (for example, claims that one owner contributed improvements or that an agreement prevents partition).
• Appoint commissioners (or a referee) to examine the property, value it, and recommend whether division in kind is feasible and fair; or
• Order a sale if division in kind is impracticable or inequitable; the court supervises the sale and distribution of proceeds.

5. How proceeds and costs are handled

If the court orders a sale, sale proceeds pay mortgages, liens, taxes, sale costs and court costs. Net proceeds are distributed according to each owner’s legal share. Owners who cause waste or incur special benefits or expenses may have adjustments to their shares.

6. Practical steps and documents to prepare

• Title documents: deeds, probate orders, title insurance policies.
• Mortgages and lien information.
• Recent appraisal or get an appraisal quickly.
• Records of payments (taxes, mortgage, improvements) that show contributions by co-owners.
• Proof of efforts to negotiate or mediate (letters, appraisals, offers).

7. Timing, cost and practical expectations

Partition suits can take several months to over a year depending on complexity, title disputes, and appeals. Expect court fees, survey and appraisal costs, possible commissioner fees, and attorney fees. If you secure an agreed sale, the process will be faster and cheaper than a contested partition.

8. Special issues to watch for in New Hampshire

• Marital property rules or tenancy by the entirety may block partition for spouses.
• Tax consequences: sale may trigger capital gains tax — consult a tax advisor.
• Liens and mortgages remain attached to the property until paid or subordinated at sale.

Example (hypothetical)

Three siblings inherit a woodland parcel as tenants in common (33.33% each). Two siblings want to sell; the third refuses. After a failed mediation and a formal written buyout offer, one sibling files a partition complaint in the county Superior Court asking for partition by sale. The court appoints commissioners, determines the land cannot be fairly divided without impairing value, orders a supervised sale, and directs the clerk to distribute net proceeds proportionally after paying liens and sale costs.

Helpful Hints

• Document every attempt to resolve the issue informally — courts favor parties who tried negotiation first.
• Get a professional appraisal early to support a buyout offer or to inform the court of fair market value.
• Check title carefully for unexpected liens or co-owners; name everyone in the complaint to avoid later reopening the case.
• Consider a court-ordered sale only if in-kind division would materially harm value (courts may prefer division if feasible).
• Ask about temporary injunction or accounting if co-owners are damaging the property or failing to pay taxes or mortgage.
• Estimate all costs (court, appraisal, sale commission) before pursuing litigation — sometimes a negotiated sale saves money.
• Consult a New Hampshire attorney experienced in real property and partition actions to prepare papers correctly and meet local procedural rules.
• Remember tax planning: speak with an accountant about capital gains, basis, and possible 1031 considerations if applicable.