Disclaimer: This is general information only and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed New Hampshire attorney.
Detailed Answer — How a co‑owner can force the sale of an inherited parcel under New Hampshire law
If you and a family member inherit real property as co‑owners and one co‑owner refuses to cooperate with a sale through a realtor, New Hampshire law provides a way to force a sale through a court proceeding called a partition action. A partition action asks the court to divide ownership (partition in kind) or, if physical division is not practical, order a sale and divide the net proceeds among owners.
Legal basis
New Hampshire allows co‑owners to seek partition of real estate in court. See New Hampshire statutes on partition of real estate. A court that orders sale will appoint a method to sell the property and direct distribution of the proceeds after costs and liens are paid. (See New Hampshire statutes on partition: RSA Chapter 547 (Partition of Real Estate).)
Who can file
Any co‑owner of record — a tenant in common or joint tenant — may file a partition action. If the property is still part of a decedent’s probate estate, the personal representative or beneficiaries should check whether the estate administration or a will gives the representative authority to sell. For probate procedures and local information, see the New Hampshire Judicial Branch probate court pages: NH Probate Courts.
Typical process
- File a complaint for partition in the Superior Court in the county where the property sits. The complaint names all owners and interested parties.
- Serve the other co‑owners and interested parties with the complaint and summons.
- The court considers whether the property can be divided physically (partition in kind). If not practical, the court orders a sale and directs how the sale will occur.
- The court typically appoints a commissioner, receiver, or orders a public sale (auction) or sale through a broker. The court may require an appraisal to determine fair market value.
- After sale, the court directs payment of mortgage liens, taxes, sale costs, and legal fees, then divides net proceeds among owners according to ownership shares.
Practical outcomes
The court has discretion to preserve the property for co‑owners if one can buy out the other(s) at a fair appraised value. If the court orders sale, the sale process may be by sealed bid, public auction, or appointment of a broker/commissioner to market and sell the property under court supervision. Expect the judge to weigh fairness, costs, and the feasibility of physical division.
Timing and costs
A partition action can take several months to a year or longer depending on court schedules, disputed issues, needed appraisals, and whether parties appeal. Costs include court filing fees, service fees, appraisal fees, commissioner or receiver fees, marketing costs if the court permits use of a broker, and attorneys’ fees. The court often allocates costs from sale proceeds.
When the property is part of an estate or trust
If the property is still under probate or part of a trust, different procedures can apply. A personal representative (executor/administrator) may have authority under the will or probate law to sell property. If the representative refuses, beneficiaries may ask the probate court for instructions or seek removal of the representative. Consult probate counsel or see local probate court resources: NH Probate Courts.
Alternatives to court
- Negotiate a private buyout (one owner pays the other their share).
- Use mediation to reach a sale agreement or distribution plan.
- Agree on a listing broker and sale plan; set deadlines and consequences in writing.
What to expect in court
The court focuses on fairness and practicality. If physical division destroys value (a single house on one lot, an irreducible residential parcel), the court will likely order sale. If a buyout is feasible and fair, the court may allow it. Judges can also order temporary possession, appointment of a caretaker or receiver, or other interim relief to preserve value while the case proceeds.
Helpful Hints
- Gather documents before you file: deed, death certificate(s), will or trust documents, any probate filings, mortgage statements, tax bills, recent surveys, insurance, and any prior appraisals.
- Confirm ownership type (joint tenancy vs. tenancy in common). That affects rights but both types permit partition in many situations.
- Consider an appraisal early. A neutral market value opinion helps in buyout negotiations and in court.
- Try mediation first. Courts often encourage settlement, and mediation is usually faster and cheaper than litigation.
- Keep good records of communications and offers. If you later file in court, documentation supports your position and may reduce disputes about attempts to settle.
- Expect the court to deduct sale costs, liens, and allowable attorney/commissioner fees from sale proceeds.
- If you are a beneficiary and the property is in probate, ask the personal representative for an accounting and for the representative’s authority to sell. If the representative refuses, talk to a probate attorney about next steps.
- Be realistic about costs and time. Litigation can be costly. Sometimes a negotiated buyout yields the best net result for all parties.
- When you contact an attorney, bring the documents listed above and be ready to describe all conversations and offers made regarding sale.
For more information on New Hampshire partition law, see the state statute: RSA Chapter 547 — Partition of Real Estate. For probate questions and local court contacts, see: NH Probate Courts.
If you decide to pursue court action, consider consulting a New Hampshire attorney experienced in real estate or probate litigation. An attorney can explain likely costs, timelines, and the best strategy for your facts.