Detailed Answer
When someone inherits real property in New Hampshire together with one or more other heirs, each heir generally becomes a co-owner. New Hampshire law gives co-owners certain rights and remedies, and the practical steps depend on whether title to the property has already passed to the heirs (after probate) or whether the property is still part of the decedent’s estate.
Who has the right to live in the house?
If the heir living in the house already has legal title as a co-owner (for example, the estate has been probated and the deed or distribution vested them with an ownership interest), that person typically has an equal right to possess the entire property. A co-owner cannot be forcibly removed by a fellow co-owner simply because the fellow co-owner objects. Instead, co-owners must use court processes to divide or sell the property or to obtain a court order affecting possession.
If the property is still in the estate (probate not complete)
If title has not yet passed and the property remains part of the estate, the executor or administrator has a duty to manage estate property for the benefit of the estate and the beneficiaries. The personal representative may have authority to remove an occupant who is wrongfully remaining in estate property, or to seek court permission to sell estate property if necessary to pay debts or distribute assets. That process is governed by the probate court handling the estate.
Court remedies available in New Hampshire
- Partition action: The primary civil remedy when co-owners disagree about what to do with property is a partition action. In a partition action a court can either physically divide the land (partition in kind) if feasible, or order the sale of the property and divide the proceeds among the owners (partition by sale). If one co-owner refuses to leave, the court-ordered sale is a common outcome to force a practical resolution.
- Accounting and contribution claims: A co-owner who paid mortgage, taxes, repairs, or other expenses on behalf of the property can ask the court for contribution from the other co-owners or for reimbursement from sale proceeds. The court may also account for rents and profits if one co-owner occupied the property and excluded others or used it for income.
- Exclusive possession orders: In limited circumstances a court can award exclusive possession to one co-owner (for example, if another co-owner wastes the property or unreasonably interferes with use). Courts grant exclusive possession only when justified by the facts.
- Eviction or ejectment: If the occupant is not an owner (for example, a non-heir occupant or a tenant without permission) the owner(s) or the estate’s personal representative may be able to remove that person through eviction procedures or an ejectment action under state law.
Practical outcomes you can expect
Common outcomes after filing a partition or related action include:
- A negotiated buyout where one co-owner buys out the other’s interest at an agreed price.
- The court orders a sale and divides net proceeds among heirs according to ownership shares.
- The court orders an accounting for rent, mortgage, taxes, repairs, and credits one co-owner against the sale proceeds.
- In rare cases, the court awards exclusive possession to one co-owner for a defined period; otherwise the court typically favors sale or division.
What you should do now
- Confirm title: Check whether title has already passed to the heirs (deed records) or whether the property is still part of the probate estate. If you don’t know, contact the probate court where the decedent’s estate is being handled.
- Gather documents: Collect the will (if any), probate documents, deed(s), mortgage statements, tax bills, receipts for repairs, and any written communications about occupancy or agreements among heirs.
- Consider negotiation or mediation: Parties often resolve these disputes faster and cheaper by negotiating a buyout, a shared use plan, or by hiring a mediator experienced in real estate or probate matters.
- If negotiation fails, consult an attorney: An attorney can explain the likely remedies under New Hampshire law, file a partition or other appropriate action, and help protect your financial interests.
Where to find the law and courts in New Hampshire
For statutory provisions and additional information, consult New Hampshire’s laws and the state court system:
- New Hampshire Revised Statutes (search and read applicable property and probate statutes): https://www.gencourt.state.nh.us/rsa/html/
- New Hampshire Judicial Branch (information about probate and civil court processes): https://www.courts.state.nh.us/
Because outcomes depend heavily on the facts (who holds title, whether the estate is open, written agreements between heirs, mortgage or lien status), you should discuss the situation with a New Hampshire attorney who handles probate and real estate disputes.
Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in New Hampshire.
Helpful Hints
- Do not change locks or forcibly remove an occupant if that person has recorded title. Taking self-help removal steps can lead to liability.
- Check the deed online at the county registry of deeds to confirm current ownership and recorded interests.
- Ask the executor or administrator (if an estate is open) what instructions exist about the property and whether the estate court has approved any sale or occupancy rules.
- Keep records of all payments you make toward mortgage, taxes, insurance, and repairs. These records support claims for contribution or reimbursement.
- Consider a formal written buyout offer. A clear, fair written offer can prompt negotiation and avoid court costs.
- If you fear damage, waste, or removal of fixtures, document the condition of the property with photos and written notes. That evidence can be important in court.
- Explore mediation before filing a lawsuit. Courts in New Hampshire often encourage alternative dispute resolution to save time and expense.