New Hampshire: When Co-Owners Disagree and a Court-Appointed Commissioner Conducts a Private Sale

Detailed answer — step‑by‑step under New Hampshire law

This explanation assumes you are starting with no legal knowledge. The process below follows how partition and court‑appointed commissioners typically work in New Hampshire. For the state law framework, see the New Hampshire Revised Statutes Annotated for partition actions: https://www.gencourt.state.nh.us/rsa/ (search under “Partition” or “RSA 547”).

1. 1. Filing a partition action

   One co-owner (or more) files a lawsuit in the Superior Court seeking partition of the real property. The complaint asks the court either to divide the property physically (partition in kind) or, if physical division is not practical or fair, to order sale of the property and distribution of proceeds (partition by sale).

2. 2. Court considers whether partition in kind is feasible

   The court first considers whether the parcel can be divided fairly among the owners. If division in kind would be impractical, injure the property’s value, or is otherwise inequitable, the court will typically order a sale instead.

3. 3. Appointment of a commissioner

   If the court orders a sale, it will often appoint a neutral commissioner (sometimes called a master or commissioner of sale) to manage the sale process. The commissioner is an officer of the court charged with selling the property under the court’s direction.

4. 4. Role and duties of the commissioner

   The commissioner’s duties usually include:

   • Investigating and locating title documents, encumbrances, and liens;
   • Obtaining any required appraisals or market analyses to set a reasonable sale price or minimum bid;
   • Determining the method of sale authorized by the court — private sale, sealed bids, or public auction;
   • Providing notice to all parties and any interested lienholders; and
   • Carrying out the sale, receiving purchase funds, and preparing a written report to the court describing the sale and recommending distribution of proceeds.

   Keep in mind the commissioner acts under court instructions. The commissioner must follow any terms the court sets, such as minimum acceptable price or sale method.

5. 5. Private sale specifics

   When the court authorizes a private sale, the commissioner negotiates and arranges a sale directly with buyer(s) rather than an open auction. Typical features:

   • The commissioner advertises or markets the property (as directed by the court).
   • The commissioner may collect offers and can accept an offer that meets court‑set conditions (e.g., minimum price).
   • The commissioner files a written report of the sale with the court and submits the proposed sale documents and purchase funds.

6. 6. Notice, objections, and court confirmation

   After the sale, the commissioner files a report and asks the court to confirm the sale. The court gives notice to the co-owners and interested parties. Owners can usually file objections if they believe the sale was improper, the price was unfair, procedures weren’t followed, or there was misconduct.

   The court reviews the commissioner’s report, any objections, and sale documents. If the court finds the sale fair and within its directions, it will confirm the sale and authorize transfer and distribution of funds. If the court does not approve, it may order a resale or other remedy.

7. 7. Distribution of proceeds and payment of liens/costs

   When the sale is confirmed, proceeds are used to pay valid liens, taxes, sale and court costs (including the commissioner’s fees), and then distributed among the co-owners according to their ownership shares. The court’s order will specify the exact distribution.

8. 8. Appeals and post‑sale challenges

   Parties dissatisfied with the court’s confirmation can seek post‑trial relief or appeal according to the applicable rules and time limits. Acting promptly preserves rights; missing appeal deadlines may preclude later challenges.

Common legal and practical issues to expect

• Co-owners who prefer to keep the property can try to buy out other owners before or during the sale process.
• Mortgage holders and lienholders must be paid out of sale proceeds; unresolved liens can affect how much each owner receives.
• Commissioner fees, legal fees, and advertising costs reduce the net sale proceeds.
• If the private sale price looks unreasonably low, other co-owners or the court may require a public sale or set a higher minimum price.

Statute and official resources: New Hampshire statutes define and govern partition actions; see the New Hampshire Revised Statutes Annotated online: https://www.gencourt.state.nh.us/rsa/ (search chapter on partition, commonly cited as RSA 547 and neighboring sections for procedures and remedies).

Note: The exact procedural steps, deadlines, and terminology can vary depending on the county and the judge’s orders. Local court clerks or an attorney practicing in New Hampshire can point to the specific statutory provisions and local practices that apply to your case.

Helpful hints

• Do not ignore court papers. Missing a deadline can limit your ability to object or appeal.
• Collect and organize deeds, mortgage statements, tax bills, and any written agreements among co-owners before the commissioner begins work.
• Consider a neutral appraisal early. A credible market appraisal helps evaluate whether a proposed sale price is fair.
• If you want to keep the property, prepare a written offer to buy out the other owners and present it to the commissioner or co-owners promptly.
• Ask the commissioner for copies of notices, the appraisal or market analysis, the listing or marketing plan, and the sale report so you can review before the court hearing.
• If you suspect the sale process is biased, document problems (dates, communications, ads, offers) and raise them in a timely objection to the court.
• Talk to an attorney experienced in New Hampshire partition law early. Attorneys can explain statutory rights, possible defenses, and realistic outcomes.