Detailed Answer
When the other side asks a New Hampshire court only to sell the home and does not propose buyout terms, you still have multiple legal and practical options. Courts in New Hampshire can order sale or other relief in both divorce/property-distribution cases and civil partition actions. Which paths make sense depends on whether the house is marital property in a divorce, jointly owned by co-owners, and on the facts (equity, mortgage, children, and who lives in the house now).
Immediate legal steps you can take
- File a responsive pleading or objection. If you are served with a motion or complaint asking only for a sale, promptly file a response or objection in the court file. Failure to respond can let the other party obtain relief without your input.
- Ask the court to set buyout terms or alternative relief. Ask for a hearing and move the court to either (a) set a buyout price or buyout procedure, (b) award exclusive use to one party, or (c) order other property to be distributed instead of an immediate sale.
- Request an appraisal or valuation hearing. Ask the court to appoint or order a neutral appraisal so the parties have a fair market value. A clear valuation is essential if you want to buy out the other owner.
- Seek temporary orders. Ask for temporary possession, an order allocating mortgage and tax payments, or an injunction preventing a sale until valuation, mediation, or trial resolves buyout terms.
Options to pursue instead of accepting a sale
- Negotiate a buyout privately. Offer to refinance or obtain a loan to purchase the other owner’s share. Use an appraisal to support your offer. Court-ordered sale is often slower and more costly than an agreed buyout.
- Propose valuation methods to the court. Suggest using an appraiser, agreed formula (e.g., appraised value minus debts), or a buyout timeline (refinance within X days). Put your proposal in writing to the judge and opposing counsel.
- Ask for partition in kind or delay sale. In some co-ownership situations, you can ask for partition in kind (divide the property) or a delay so one party can arrange financing to buy the other out.
- Request mediation or settlement conference. Courts encourage settlement. A mediator can help you agree on buyout price, payment terms, or an exchange of other assets to avoid sale.
- File a counter-motion for exclusive possession. In divorce cases, you can request exclusive use of the marital home for a period (e.g., until children finish school) with provisions for mortgage and expense payments.
Procedural and evidentiary steps to strengthen your position
- Obtain a professional appraisal and comparable sales data. Courts rely on evidence of fair market value when setting buyout terms. Provide recent comps and a licensed appraiser’s report.
- Document contributions and expenses. Track mortgage, tax, insurance, repair payments, and improvements. The court may credit one owner for payments or improvements when dividing equity.
- Show credit and refinance readiness. If you can show pre-approval or your ability to refinance, a judge may be more willing to set buyout terms and give you time to close.
- Consider timing and tax consequences. A forced sale can trigger capital gains or different tax results than an internal buyout. Discuss tax impact with an accountant before agreeing to sale vs. buyout.
What the court may do in New Hampshire
In New Hampshire family and civil courts, judges have wide discretion to divide property equitably and to order sale when appropriate. If you press for buyout terms, the court may:
- Order a buyout based on an appraisal or agreed formula;
- Allocate equity and debts between the parties and set payment terms;
- Order sale only if buyout or division is impractical.
For general information on family court procedures and self-help resources, see the New Hampshire Judicial Branch Family Division pages: https://www.courts.state.nh.us/selfhelp/family/. For the text of New Hampshire statutes and an index of chapters, see the state statutes site: https://www.gencourt.state.nh.us/rsa/html/.
When to involve an attorney
If the opposing party refuses reasonable buyout terms, if the property equity is large, if children’s housing is at stake, or if liens and creditors complicate the title, consult an attorney who practices New Hampshire family or real property law. An attorney can draft motions, handle valuation disputes, and represent you at hearings.
Practical, step-by-step checklist
- Respond to any court filing by the deadline.
- Ask the court for a hearing and for appraisal/valuation.
- Gather documents: mortgage statements, tax records, repair receipts, and recent sales comps.
- Make a written buyout proposal (price, payment timetable, proof of financing if available).
- Request mediation if the other side refuses reasonable negotiation.
- If needed, ask the court for temporary orders on possession and payment of housing expenses.
Disclaimer: This is general information about New Hampshire law and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed New Hampshire attorney.
Helpful Hints
- Act quickly: meet all court filing deadlines to preserve your rights.
- Get a professional appraisal early; value disputes are common and costly without one.
- Document who paid what — the court may credit payment of mortgage, taxes, and repairs.
- Show the court you are ready to refinance or finance a buyout — readiness helps persuade a judge to delay or avoid sale.
- Use mediation to reduce cost and speed resolution. Courts often favor settlements reached by agreement.
- Keep records of communication and settlement offers — they help at hearings and can be persuasive evidence.