Detailed Answer
Under New Hampshire law, a partition action lets co-owners of real property end their shared ownership by dividing or selling the land. Any co-owner—tenants in common or joint tenants—can file this suit in Superior Court. See RSA 547:1.
The process begins when one owner files a complaint naming all co-owners. The court issues summons and serves each party. Responding owners answer and may raise defenses or counterclaims.
Next, the court typically appoints commissioners to inspect and value the property. New Hampshire favors dividing land “in kind” when fair and practicable. Under RSA 547:2, commissioners draft a report recommending how to split the parcel into separate tracts matching each owner’s interest.
If physical division would cause injustice or waste, the court orders a sale under RSA 547:3. The property then goes to public auction. After paying liens and costs, the net proceeds distribute among owners by their ownership shares.
Once commissioners’ recommendations or sale results reach the court, the judge issues a final decree. That decree finalizes boundaries for divided tracts or confirms sale and fund distribution. Each co-owner then holds a separate title to their portion of the proceeds or the land.
A partition action can take several months and involve appraisal, survey, and legal fees. Co-owners may avoid court by agreeing privately on a sale or division plan.
Helpful Hints
- Confirm your legal interest: Know if you hold as tenant in common or joint tenant.
- Gather documents: Prepare deeds, mortgage records, and surveys.
- Consider mediation: A neutral third party can help co-owners reach terms before court.
- Estimate costs: Commission fees, surveyor fees, and court costs can add up.
- Review liens: Outstanding mortgages, taxes, or judgments affect proceeds and division.
- Seek professional guidance: An attorney can explain local rules and deadlines.
Disclaimer: This article is for informational purposes and does not constitute legal advice.