Detailed Answer — What a lawyer needs to begin a partition action in New Hampshire

A partition action asks a New Hampshire court to divide or sell real property that two or more people co-own when they cannot agree on what to do with it. New Hampshire law recognizes the right to partition; see RSA 547:1 for the statutory basis of partition rights (RSA 547:1).

To start a partition case your lawyer will need documents and facts to prove ownership, show how ownership is divided, identify liens or encumbrances, and demonstrate why partition is warranted. The lists and explanations below cover the typical materials lawyers request in New Hampshire to prepare the complaint, produce exhibits, check title, and estimate costs and likely outcomes.

Essential ownership and title documents

• All deeds that show how each co-owner acquired an interest in the property (warranty deed, quitclaim deed, trustee’s deed, executor’s deed).
• The most recent deed(s) recorded in the county registry of deeds. If you have a chain of title, include earlier deeds showing transfers between owners.
• Title insurance policy (if any) and any title search reports you already have.
• Property tax bills and the town/city property record card (assessor’s card).
• Any recorded easements, covenants, restrictions, or rights-of-way affecting the parcel (documents from the registry of deeds).

Documents showing liens, mortgages, and financing

• Mortgage documents, promissory notes, and payoff information.
• Records of any foreclosure, lis pendens, or recorded judgments affecting the property.
• Statements or records showing outstanding balances (tax liens, mechanic’s liens, HELOCs).

Records of possession, use, and contributions

• Leases, rental agreements, and records of rent received (if the property has tenants).
• Receipts, invoices, and bank records that show repairs, improvements, property taxes, insurance payments, or mortgage payments made by any co-owner. These support claims for contribution or offset.
• Photographs of the property and descriptions of the condition and any improvements or damages.

Survey and boundary information

• Recent survey, plot plan, or boundary map, if available. A current survey often helps the court evaluate whether a partition in kind (physical division) is feasible.
• GIS maps or assessor parcel maps from the town/city website if you do not have a formal survey.

Documentation of co-ownership and communications

• Names, addresses, and contact information for all co-owners and any parties who claim an interest in the property.
• Copies of written agreements between co-owners (partnership agreements, buy-sell agreements, operating agreements for an LLC, or family agreements).
• Relevant e-mails, text messages, or letters showing discussions about sale, division, repairs, or disputes among co-owners.

Estate, probate, and trust records (if applicable)

• Death certificates, wills, probate filings, and letters testamentary if ownership passed through an estate.
• Trust documents if the property is held in trust, and the pages that identify trustees and beneficiaries.

Legal and prior litigation documents

• Pleadings, orders, judgments, or other court papers in any prior or related lawsuits affecting the property.
• Pending liens, notices, or administrative orders from local or state agencies.

Practical financial and valuation information

• Recent appraisals or broker price opinions, and comparable sales if you have them.
• Estimates of outstanding property expenses and projected costs to maintain, sell, or divide the property (taxes, insurance, utilities, repairs).

What your lawyer will do with this information

1. Confirm who has legal title and each party’s ownership percentage.
2. Search the county registry of deeds to confirm recorded interests, liens, and encumbrances.
3. Decide whether to seek a partition in kind (divide the land) or a partition by sale. New Hampshire courts have the power to order division or sale when co-owners cannot agree; see RSA 547:1 (RSA 547:1).
4. Draft and file the complaint, prepare exhibits, and serve the other parties. Partition actions are typically filed in the Superior Court in the county where the property lies; see the New Hampshire Superior Court website for local filing rules and procedures (NH Superior Court).
5. Assess possible counterclaims (e.g., claims for contribution, reimbursement for improvements, or equitable liens) and represent you in settlement negotiations or trial.

Common outcomes and considerations in New Hampshire

The court can divide property physically if it can do so fairly and without substantial injury to the owners. If dividing the property is impractical, the court can order a sale and divide the proceeds after paying liens and costs. The court may account for contributions by each co-owner toward mortgage, taxes, or improvements when distributing proceeds. Practical issues—terrain, access, existing structures, zoning, and the number of co-owners—often influence whether partition in kind is possible.

Helpful Hints — What to bring to your first meeting and how to prepare

• Bring originals or copies of all deeds, mortgage statements, and the most recent property tax bill.
• Make a simple timeline of major events: when each owner acquired their interest, major repairs or improvements, and any relevant communications or disputes.
• List all people who may claim an interest (heirs, trust beneficiaries, transferees, tenants) with contact info if you have it.
• If you do not have a survey, bring assessor maps or screenshots from your town’s GIS as a start.
• Be candid about prior disputes and any attempts at resolution. Courts often favor settlement if parties make reasonable efforts to cooperate.
• Ask your lawyer about likely costs, timeline, and the pros and cons of mediation before litigating. Partition cases can be costly and sometimes easier to resolve by negotiated sale or buyout.
• If the property has tenants, collect leases and rent records. Tenants’ rights can affect partition timing and remedies.
• Keep copies of receipts for payments you made for mortgage, taxes, insurance, and repairs—you may be able to recover some expenses.

Where to file and statute reference

Partition actions are typically filed in the New Hampshire Superior Court in the county where the property is located. Review the Superior Court’s filing rules and local forms at the New Hampshire Judicial Branch website: NH Superior Court.

For the statutory authority and procedures related to partition in New Hampshire, see RSA 547:1 (RSA 547:1).

When to consult an attorney

Contact an attorney if you cannot reach co-owners by agreement, if liens or mortgages complicate the situation, if you suspect title problems, or if significant money or family relationships are at stake. An attorney can evaluate whether partition is the right remedy and explain alternatives such as buyouts, negotiated sales, or quiet title actions.