Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Understanding Partition Actions in New Hampshire
Under New Hampshire law, a partition action lets co-owners divide real property either physically or by sale. The process begins in Superior Court and often involves a court-appointed commissioner who oversees the division or sale.
Step 1: Filing the Partition Complaint
One co-owner (the “plaintiff”) starts by filing a civil complaint in the Superior Court of the county where the property lies. The complaint must:
- Identify all parties with an ownership interest.
- Describe the property (tax map, address, lot number).
- Request either physical division or sale and pro rata distribution of proceeds.
Cite: RSA 547:1 (Partition; Process).
Step 2: Serving and Notifying Interested Parties
After filing, the plaintiff must serve every co-owner and lienholder. The court issues a summons, and each party has 30 days to respond. Failure to respond may lead to default judgment.
Step 3: Court Appointment of Commissioner
If the court grants partition relief, it appoints a commissioner under RSA 547:14 (Commissioner; Appointment). That person must be disinterested and may be:
- A registered land surveyor.
- A licensed real estate appraiser.
- Any neutral party approved by the court.
Step 4: Commissioner’s Duties and Report
The commissioner:
- Visits and inspects the property.
- Prepares a written appraisal or division plan.
- Files a report with the court, detailing proposed physical lots or sale terms.
Co-owners can object in writing within 14 days. If no objections arise, the court confirms the report.
Step 5: Court Confirmation and Distribution
Once confirmed, the commissioner executes deeds for divided parcels or arranges the sale and distributes net proceeds to co-owners in proportion to their ownership interests.
Consenting to a Partition Action
All co-owners may bypass contested litigation by signing a written consent form and proposed division plan. The consent package is filed with the court and, upon judicial approval, the court confirms the agreed-upon partition without contested hearings.
Helpful Hints
- Gather all deeds, mortgages, and surveys before filing your complaint.
- Confirm each co-owner’s mailing address to ensure proper service.
- Choose a commissioner with local property expertise to speed the process.
- Review the draft report carefully—file objections promptly if needed.
- Consider alternative dispute resolution (mediation) before litigation.
- Keep clear records of all court filings and service-return receipts.
- Consult an attorney early to avoid delays and ensure compliance with RSA 547.