Detailed answer — steps, legal protections, and practical tips in New Mexico

When multiple people inherit real property in New Mexico and they cannot agree about possession, use, or sale, any co-owner can ask the district court to partition the property or order a sale and divide the proceeds. If one or more heirs are minors, New Mexico courts add procedural protections so the child’s interests are represented and preserved.

1) Decide whether you need a partition action or a petition for sale

– Partition action: Asks the court to physically divide the property so each owner gets a separate portion. This works only when the land can be fairly and practically split.
– Petition for sale (or sale incident to partition): Seeks a court-ordered sale when physical division is impracticable or would cause prejudice. The court then divides the sale proceeds among the owners according to their ownership shares.

2) Which court files the case

File a civil partition complaint in the New Mexico District Court in the county where the property is located. If the property interest is still part of an open probate estate, you may need to address timing (for example, get the estate closed or proceed with permission from the personal representative or by separate petition in probate).

3) Who must be named as parties

Include all persons with a known ownership or claimed interest in the property. That usually includes all adult heirs, known purchasers, mortgage holders, lienholders, and any other claimants. If an heir is a minor, name the minor as a party but understand the court will require special representation for the minor’s interest.

4) How the court protects minors’ interests

New Mexico law and practice require that a minor who is a party in a civil matter receive independent protection. Key protections typically include:

• Appointment of a guardian ad litem (GAL) or an attorney ad litem to represent the minor’s legal interests in the partition proceeding.
• Court review and approval of any compromise or sale that affects the minor’s property interest.
• When proceeds are to be paid to a minor, the court often orders the funds to be paid to a court-supervised guardianship or to a financial institution under protective rules until the minor reaches majority.

The local district court’s rules and the court’s discretion determine whether the court appoints a GAL or requires a full guardianship for the funds. If the minor already has a guardian or conservator for property, the guardian appears for the minor in the partition action.

5) Typical court process and timeline

1. Prepare and file a complaint for partition (or petition for sale) naming all interested parties.
2. Serve all parties according to New Mexico civil procedure rules. For minors, the court will require service on their guardian or the person who may be appointed to represent them.
3. The court sets hearings and may order a title and lien check, property valuation, and possibly an appraisal or commissioner to implement the sale.
4. If the court orders sale, it will supervise the sale process and approve the distribution of proceeds. The court will ensure protections for minor heirs before distributing funds to them.

6) Practical issues related to minors

– Guardian ad litem: Expect the court to appoint a GAL or require counsel for the minor. That person investigates and advises the court about the minor’s best interests.
– Custodial accounts or guardianship: Proceeds intended for minors may be placed in a guardianship, custodial account, or other protective arrangement until the minor reaches age 18 (or a different age defined by statute or court order).
– Approval of settlement: Any settlement or sale that affects a minor’s interest usually needs explicit court approval. The court will review the fairness of the proposed transaction and the protection of the minor’s funds.

7) Alternatives to litigation

Because partition litigation can be costly and slow, try these first:

• Negotiate a buyout where one heir buys out the others for a fair price.
• Use mediation to reach a voluntary agreement and then ask the court to approve any terms that affect minors.
• Partition by agreement where the parties agree on physical division and file a stipulation with the court for approval.

8) Costs and who pays

Court costs, commissions, appraisal fees, and attorneys’ fees can reduce each owner’s share. The court decides how costs will be allocated among the parties as part of the final order. If minors are involved, the court acts to protect the minor’s share from unfair depletion.

9) Where to find New Mexico statutes and court resources

New Mexico maintains its statutes and court information on official sites. Useful starting points:

• New Mexico Statutes and statute search: https://www.nmlegis.gov/Legislation/Statutes
• New Mexico Courts (general information and contact for district courts): https://www.nmcourts.gov

If you plan to file, review local county district court rules and contact the clerk’s office in the county where the property sits for filing requirements and fee information.

Helpful hints

• Gather clear title documents: death certificate, will or probate papers, deed(s), mortgage statements, tax records, and any agreements among heirs.
• Identify legal guardians: if a minor already has a court-appointed guardian for property, get written proof and include that person in the case.
• Talk to all heirs early and document offers and refusals in writing to show you attempted a voluntary solution.
• Get a current appraisal before filing to support valuations and settlement offers.
• Expect the court to require a guardian ad litem or counsel for any unrepresented minor. Factor that cost into settlement discussions.
• If proceeds will be held for a minor, ask the court about the most efficient method to protect funds (guardian-managed account, court registry, or custodial account under the Uniform Transfers to Minors Act).
• Consult a New Mexico attorney experienced in real property and probate/guardian matters early. They can prepare pleadings, protect the minor’s rights, and help speed the court process.