Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer: Forcing Sale of Property Through a Partition Hearing in New Hampshire
Under New Hampshire law, co-owners of real estate who cannot agree on the use, management or disposition of jointly held property may seek a partition action in the Superior Court to force a sale. The governing statute is RSA 547:1–20 (Partition of Land), which sets out the procedure and grounds for partition.
1. Who May File
Any person who holds an undivided interest in real property—such as tenants in common or joint tenants—may file a petition for partition under RSA 547:1. A trustee, guardian or personal representative can also file on behalf of an interest holder.
2. Filing the Petition
- File a written petition in the county where the land lies. See RSA 547:2 (link).
- Include a legal description of the property, names of all co-owners, nature and extent of each party’s interest, and the relief sought.
- Serve all other co-owners with process in accordance with Rule 4 of the New Hampshire Rules of Civil Procedure.
3. Appointment of Commissioners
After the petition and service, the court appoints three disinterested commissioners to view and appraise the property (RSA 547:5, link). The commissioners report whether:
- The land can be physically divided in kind, with each co-owner receiving a separate portion.
- A sale and division of proceeds would be fairer.
4. Hearing and Order
The court holds a hearing on the commissioners’ report. If it finds that:
- Division in kind is practicable and equitable, it may order property division among co-owners.
- Sale is more equitable—because parcels cannot be fairly apportioned or would lose value if divided—it orders a sale at public auction or private sale under RSA 547:12 (link).
5. Sale Process
- The court appoints a commissioner or referee to conduct the sale under RSA 547:13.
- Notice of sale must be published and, in some cases, mailed to co-owners.
- Proceeds, after payment of expenses and liens, are distributed to co-owners according to their interests.
In practice, a partition sale ensures that a co-owner who wishes to liquidate their interest is not forced to remain locked into property with unwilling co-owners.
Helpful Hints
- Begin by reviewing RSA Chapter 547: https://www.gencourt.state.nh.us/rsa/html/LIX/547/547-mrg.htm.
- Gather deeds, mortgage statements and any agreements among co-owners.
- Consult with a real estate attorney early to assess costs and timing.
- Consider mediation before filing to save time and expense.
- Prepare for appraisal and potential auction by clearing liens and tax issues.