Detailed Answer
After a petition for partition under New Hampshire RSA 547 has been filed, all parties must be served and given the opportunity to respond. Once the statutory response period expires without answer or after all answers are on file, you may proceed to schedule a hearing. Below are the key steps under New Hampshire law.
Step 1: Confirm the Response Period Has Ended
Under RSA 547:4, respondents have 30 days from service of the petition to file an answer. If no answer is filed by that deadline, file an affidavit of default (NH Rule of Civil Procedure 55) with the court clerk.
Step 2: File a Motion to Set Hearing
Prepare and file a Motion to Set Hearing on Petition for Partition. In the motion, cite RSA 547:6, which directs the court to appoint commissioners and hold a hearing after all parties are before the court. Include a proposed order specifying your preferred hearing dates.
Link to statute: RSA 547:6.
Step 3: Calendaring and Clerk Coordination
Contact the clerk’s office in the county where the petition is pending to learn available hearing dates. Submit your motion and proposed order to the clerk. The clerk will place the matter on the court calendar, often during the next session of the Superior Court Term.
Step 4: Serve Notice of Hearing
Serve all parties—whether they answered or defaulted—with a Notice of Hearing at least five business days before the scheduled date, per NH Rule 5(b). Use personal service or first-class mail if the party has defaulted, retaining proof of service.
Step 5: Appointment of Commissioners
At or before the hearing, request the court appoint three commissioners to oversee the partition process. RSA 547:6 authorizes the judge to name impartial commissioners. Provide a list of proposed commissioners familiar with local real property values.
Step 6: Attend the Hearing and Obtain Final Order
At the hearing, present your petition, affidavit of default (if applicable), and evidence regarding the fair method of partition (in-kind or by sale). After deliberation, the court will issue an order appointing commissioners and outlining next steps for report submission, sale procedures, and distribution of proceeds. See RSA 547:7 for sale guidelines: RSA 547:7.
Disclaimer
This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in New Hampshire for guidance specific to your situation.
Helpful Hints
- Double-check the 30-day answer deadline under RSA 547:4 to avoid missing default opportunities.
- Prepare your proposed order carefully, listing multiple available hearing dates to ease scheduling.
- Maintain clear proof of service for the notice of hearing to comply with NH Rule 5.
- Select commissioners with real estate or appraisal experience for efficient partition proceedings.
- Review RSA 547:9 for post-commissioner sale procedures if the property cannot be divided in kind.