Short answer

If you and one or more people own real property together in New Hampshire and you cannot agree about what to do with the house, you can ask a court to divide the property through a partition action. The court can order a physical division (partition in kind) when practical, or order a sale of the property and divide the proceeds. The court can also award the home to one owner and require that owner to pay the other owners their fair share (a judicial buyout). You generally start by filing a partition complaint in the Superior Court in the county where the property sits. Before filing, you should confirm ownership type, gather title documents, and try settlement or mediation if possible.

Detailed answer — Step‑by‑step process under New Hampshire law

1) Confirm who owns the property and how

Ownership type matters. If the deed names two or more people as tenants in common or joint tenants, each person has an ownership interest that can usually be partitioned. Check the deed, the county registry of deeds, and any wills or probate records. If the property is held in a trust, trust documents control whether a partition action is permitted.

2) Attempt a negotiated solution

Courts expect co‑owners to try to resolve disputes before asking a judge to intervene. Options to propose to your sibling include:

• One owner buying out the other’s share (agree on price or get an appraisal).
• Refinancing an existing mortgage to take the other owner off title.
• Agreeing to sell the house together on the open market and split net proceeds.
• Mediation or a facilitated settlement through a neutral mediator.

3) Preparing to file — documents and evidence

If negotiation fails, gather materials you will need to support a partition complaint:

• Deed(s) showing current owners and ownership shares.
• Mortgage statements and payoff amounts.
• Tax bills, homeowner association fees, insurance, and utility records.
• Evidence of improvements or payments that may affect equitable distribution (receipts, contracts).
• Appraisals or market evidence for valuation (if available).

4) Filing the partition action in the correct court

In New Hampshire, a partition action to divide or force sale of real property is a civil action filed in the Superior Court in the county where the property is located. The plaintiff files a complaint (sometimes called a petition) asking the court to divide the property or order a sale. The complaint must name all persons who have an ownership interest or claim an interest in the property so the court can bring all parties into the case.

For general information about New Hampshire Superior Courts and filing, see the New Hampshire Judicial Branch: https://www.courts.state.nh.us/superior/.

5) Service and response

After filing, you must properly serve each defendant (co‑owner or claimant) with the complaint according to New Hampshire service rules. Defendants will have an opportunity to answer or object. If someone with a claim is not named and later appears, the court may allow them to be added or served later so the property division binds all interested parties.

6) Court process — evidence, valuation, and remedies

Partition proceedings typically proceed like other civil cases: discovery, motions, and possibly a trial. Key points:

• The court first determines the legal and equitable interests of each party (ownership percentages, liens, outstanding mortgages).
• If the court finds partition in kind practicable (the property can be fairly divided into separate parcels), it may order a partition in kind.
• If division in kind is not practical or would damage value, the court commonly orders a sale and divides the net proceeds among owners according to their interests.
• Alternatively, the court may award the entire property to one co‑owner in exchange for payment to the others (a court‑ordered buyout). To do this the court will value the property and determine a fair cash payment to compensate the other owners for their shares.
• The court may appoint a commissioner, referee, or other official to value the land, oversee sale procedures, or physically divide the property.

7) Costs, liens, mortgages, and distribution of proceeds

Mortgages, valid liens, and property taxes must be paid from sale proceeds before owners split the remainder. The court usually orders that reasonable costs of partition (appraisal fees, commissioner’s fees, sale costs, and potentially attorney’s fees if statutory or equitable grounds exist) come out of the proceeds.

8) Enforcement and appeal

After the court issues final orders and the property is sold or transferred, the clerk or commissioner distributes proceeds per the judgment. A dissatisfied party can appeal the Superior Court’s ruling within the time limits set by New Hampshire appellate procedure.

Relevant New Hampshire law and resources

New Hampshire statutes and court rules govern civil procedure and title disputes. For a starting point, consult the New Hampshire Revised Statutes and the Superior Court pages above. The New Hampshire General Court website provides the full text of state statutes: https://www.gencourt.state.nh.us/rsa/html/. (Search for statutes on partition and civil procedure.)

Because statutes and local practice can be detailed and change over time, consider asking a local attorney to point you to the precise statutory provisions and court rules that apply to partition suits in New Hampshire.

Typical timeline and costs

Timelines vary. A contested partition can take many months to over a year depending on complexity, appraisal needs, and whether the matter settles. Costs include filing fees, service fees, appraisal and survey costs, commissioner fees, sale costs (brokers or auction costs), and attorney fees. If the parties settle early, costs tend to be far lower.

Helpful Hints

• Check the deed at the County Registry of Deeds to confirm the exact names and ownership form before you file.
• Write a clear demand letter asking for a buyout or sale before filing. Courts favor parties who try to resolve disputes outside court.
• Get an independent appraisal early to understand market value and support any buyout offer.
• Document who paid mortgages, taxes, and improvements — the court may account for unequal contributions when dividing proceeds.
• Consider mediation. Courts often encourage or require alternative dispute resolution and it can preserve family relationships while saving money.
• If the property has a mortgage, talk to the lender. A sale or transfer may require payoff or approval under the mortgage’s terms.
• Ask whether a short sale, voluntary sale, or refinancing could achieve a better financial result than a court‑ordered sale at auction.
• Contact the New Hampshire Superior Court clerk in the county where the property sits to confirm local filing requirements and fees: https://www.courts.state.nh.us/superior/.