Detailed answer — How partition actions work in New Hampshire

When co-owners cannot agree about the use, management, or disposition of real property, any co-owner may file a partition action in the appropriate New Hampshire court to force a division or sale of the property. A partition action asks the court to either:

• Partition in kind: physically divide the land so each owner gets a separate portion, or
• Partition by sale: sell the property and divide the proceeds according to each owner’s legal share.

Who may file

Any person who holds an ownership interest in the property — owners on the deed, heirs with a property interest, or people with a recorded interest — generally can file a partition action. The complaint should name all co-owners and any parties with recorded liens or encumbrances.

Where you file

A partition action is a civil lawsuit filed in the New Hampshire superior court (or the court with jurisdiction over real property disputes). The complaint describes the ownership interests, the nature of the dispute, and the relief requested: physical division or sale with distribution of proceeds.

Typical court process

1. File complaint: You file a complaint for partition and serve all co-owners and parties with recorded interests.
2. Response and pleadings: Defendants can answer, assert defenses, or file cross-claims (for example, claiming a different ownership share or asserting liens).
3. Discovery and valuation: The parties exchange documents and may obtain appraisals or surveys. The court may appoint a commissioner, master, or referee to examine the property and recommend whether a physical division is practical.
4. Hearing or trial: The court decides whether partition in kind is feasible without unfairness. If division would damage the value, the court usually orders sale.
5. Sale and distribution: If ordered, the property is sold (public auction or broker sale). The court or an appointed officer handles sale proceeds, pays liens and sale costs, and distributes net proceeds according to ownership interests.

How the court decides between division and sale

The court evaluates whether a fair, practical physical division is possible without seriously reducing value or creating significant hardship. Factors include:

• Parcel shape, size, and zoning/use restrictions
• Existing improvements (buildings, driveways, utilities)
• Whether division would leave awkward or unusable parcels
• Relative ownership shares and contributions to the property

Priority of liens, mortgages, and costs

Liens and mortgages generally attach to the property and will be satisfied from sale proceeds in the usual priority order. The costs of the partition litigation, sale expenses, and appointed officer fees are typically paid out of sale proceeds before owners receive their distributive shares.

Effect on possession and use

Filing a partition action does not automatically remove a co-owner from possession. The court can issue orders limiting interference, ordering accounting for rents and profits, or directing temporary arrangements while the case proceeds.

Common outcomes and timing

Many partition cases settle before sale because parties reach buyouts or division agreements after valuation information appears. If the case goes to sale, expect a timeline measured in months to over a year depending on complexity (clear title issues, multiple lienholders, disputed shares, or needed surveys).

Special situations

• Improvements and credits: The court can account for monetary contributions or improvements by one co-owner and adjust distributions accordingly.
• Bankruptcy: If a co-owner files bankruptcy, the automatic stay can temporarily halt the partition action until the stay is lifted or the bankruptcy court allows the action to proceed.
• Minor co-owners or incapacitated owners: The court will require representation (guardian ad litem or conservator) before affecting that owner’s rights.

Costs and who pays

Costs include court filing fees, attorney fees (each side pays their own unless the court orders otherwise), appraiser and surveyor fees, and sale costs. The court may allocate costs between parties based on equities, but often costs are paid from sale proceeds.

Evidence and documents you should gather

• Recorded deed(s) and closing documents showing ownership
• Mortgage statements and lien information
• Surveys, plats, tax bills, and assessed values
• Records of improvements, repairs, or contributions from each owner
• Any written agreements between co-owners (use agreements, buy-sell agreements, leases)

Note: Because partition actions are formal lawsuits, many owners choose to consult a lawyer early to preserve rights, prepare pleadings, and evaluate settlement strategies.

Disclaimer: This is general information only and not legal advice. Consult an attorney licensed in New Hampshire to discuss the facts of your case and obtain legal advice.

Helpful Hints — Practical tips if mediation failed and you’re considering partition

• Document everything: Keep copies of deeds, mortgage statements, tax records, and communications with co-owners.
• Get a valuation early: An independent appraisal can reveal whether physical division makes sense or whether sale will preserve value.
• Consider a buyout: If one owner can buy others out at fair market value, that often saves time and expenses compared with a court-ordered sale.
• Explore an agreed sale: Parties can agree to list and sell the property cooperatively, which usually produces a better sales price and lower legal costs.
• Watch for liens and encumbrances: Identify and address mortgages, tax liens, mechanic’s liens, or judgments before sale.
• Be ready for timing: Expect several months at minimum; complex cases stretch longer. Factor costs and interim expenses into your decision.
• Know who will control the sale: The court may appoint an officer to sell; understand whether sale will be by auction or broker listing and any minimum price requirements.
• Ask about accounting: If co-owners have used the property or collected rents, ask the court for an accounting (rents owed to the estate or offset against shares).
• If a co-owner files bankruptcy, get counsel immediately: Bankruptcy can halt the partition; you may need relief from stay in bankruptcy court to proceed.

Finding local help: Consider contacting a New Hampshire attorney who handles real estate or civil litigation. An attorney can review your documents, evaluate feasibility of partition in kind, prepare pleadings, and advise settlement options.

Reminder: This information is educational and not a substitute for legal advice from a licensed New Hampshire attorney.