Detailed answer — what you need to know and the typical steps to bring a partition action in New Hampshire

This guide explains how someone who owns an interest in real estate with others can ask a New Hampshire court to divide or sell that property (a partition action). It assumes the property is titled in the deceased parent’s name and passed to two or more people (heirs/co-owners) rather than being wholly owned by a single person. It summarizes who may file, which court handles the case, the normal procedure, common outcomes, and practical considerations.

1) Who may bring a partition action?

A partition action is available to any person who holds a legal or equitable interest in real property and who is jointly possessed with others (for example, tenants in common). If the late father’s house passed to multiple heirs (by will or by intestacy), each heir who owns an undivided interest can petition the court to partition the property. If title is held as joint tenants with right of survivorship, the surviving joint tenant usually owns the whole and a partition action is not appropriate.

2) Which court handles partition cases in New Hampshire?

Partition of real property is a civil action typically brought in the New Hampshire Superior Court in the county where the property is located. The statutory framework for partition in New Hampshire is contained in the state statutes; look up RSA chapter 547 for statutory language on partition actions (New Hampshire Revised Statutes Annotated). You can start at the New Hampshire RSA site: https://www.gencourt.state.nh.us/rsa/html/ and search for chapter 547. For court general information and local Superior Court contacts, see the New Hampshire Judicial Branch: https://www.courts.state.nh.us/.

3) Preliminary steps before filing

• Confirm who owns the property: examine the deed and chain of title at the county registry of deeds. Determine whether ownership is as tenants in common or joint tenants with rights of survivorship.
• If the decedent’s estate is in probate, learn whether probate proceedings have already transferred legal title or whether the estate remains open. You may need to coordinate with the probate process.
• Search for mortgages, liens, unpaid taxes, or judgments that affect the property. These affect proceeds and prioritization at sale.
• Try an informal solution first: negotiation, buyout offers, or mediation—courts favor settlement and it often saves time and cost.

4) How a partition complaint is typically drafted and what it asks the court to do

The plaintiff (the co-owner requesting partition) files a written complaint in Superior Court naming all co-owners and all parties with recorded interests (mortgagees, lienholders). The complaint should:

• Describe the property and each party’s claimed interest.
• State why partition is sought (e.g., irreconcilable disagreement among co-owners; inability to agree to sale or buyout).
• Request relief: a partition in kind (division of land) where feasible, or a sale and division of proceeds if a physical division is impracticable.
• Ask the court to appoint a commissioner or referee to survey and divide the property, or to conduct a judicial sale and report back to the court.

5) Notice and parties

All known co-owners and recorded lienholders must be served with the complaint and summons. If there are unknown or missing heirs, New Hampshire practice may require additional service steps (including service by publication) so that the court has jurisdiction over all interested parties. Proper notice is essential to avoid later challenges to the sale or distribution.

6) Partition in kind vs. partition by sale

A court will prefer partition in kind (physically dividing land) when it can be done fairly without materially reducing value. If the property cannot be fairly divided (most houses on single lots, family homes, or small urban lots), the court will order sale and distribute net proceeds among owners according to their interests. The court may also allow one co-owner to buy out the others at a judicially determined price.

7) Appointment of commissioner / referees and sale procedure

The court commonly appoints a commissioner, special master, or referee to survey, value, or sell the property. The commissioner prepares a report and, if a sale is ordered, oversees marketing and sale (often at public auction or by sealed bids). After sale, the commissioner submits an accounting to the court; the judge approves distribution after resolving claims for liens, expenses, and costs.

8) Liens, mortgages, and distribution of proceeds

Secured creditors (mortgages, tax liens) must be paid from sale proceeds according to priority before co-owners share net proceeds. The court’s order will account for costs of sale, unpaid taxes, repairs, and legal fees. If a co-owner paid expenses or taxes, they may claim credit against proceeds.

9) Timeline and costs

Time to resolution varies: simple agreed sales or buyouts can be months; contested partition litigation can take a year or longer. Costs include court filing fees, service fees, attorney fees (if you hire counsel), commissioner fees, appraisal fees, and marketing costs. Because litigation costs can consume a meaningful portion of sale proceeds, consider alternative dispute resolution first.

10) Common defenses and complications

• Title disputes between heirs or claims that property already passed to one person by survivorship or prior transfer.
• Claims by creditors of the decedent against estate assets.
• Fraud or improper conveyance claims (if someone transferred property before death).
• Minor or unknown heirs: courts will require proper notice and may protect interests of minors through guardian ad litem or escrow of proceeds.

11) When to hire a New Hampshire attorney

Consider retaining a New Hampshire lawyer if:

• The title is unclear or the estate is in probate.
• Multiple heirs or lienholders are involved.
• There are disputes over contributions, improvements, or payments for taxes/mortgages.
• You want advice about buyout formulas, valuation, or negotiation, or when court procedures and deadlines feel overwhelming.

12) Practical example (hypothetical)

Suppose a decedent’s house passed by intestacy to three siblings as tenants in common. One sibling wants the house sold. After confirming title and notifying all parties, one sibling files a partition complaint in the county Superior Court requesting a sale. The court appoints a commissioner, the house is marketed and sold at public auction, mortgage and taxes are paid from the proceeds, fees are deducted, and the net proceeds are divided equally among the three siblings unless a different ownership percentage is documented.

13) Where to find forms and statute text

New Hampshire statutes on partition are in the Revised Statutes Annotated; search chapter 547 on the New Hampshire General Court website: https://www.gencourt.state.nh.us/rsa/html/ . For court contact information, local filing requirements, and general Superior Court information, visit the New Hampshire Judicial Branch: https://www.courts.state.nh.us/.

Helpful Hints

• Start with a county deed search. Confirm exactly how title is held and who must be named in the lawsuit.
• Collect and preserve documents: the deed, the decedent’s death certificate, any will, mortgage and tax statements, insurance, and receipts for improvements or payments.
• Try mediation or a buyout offer before litigating. A negotiated sale or one owner buying out the others often saves substantial time and cost.
• Get a professional appraisal early. A neutral market valuation helps support buyout calculations or the court’s decisions on sale price.
• If a probate case exists, coordinate actions. The probate process can affect who has authority to act and whether the estate must be a party.
• Ask the registry of deeds about recorded liens—these affect priority at sale and require payoff from proceeds.
• Budget for legal and commissioner fees. Even winning a partition may leave limited net proceeds after costs.
• If unknown heirs may exist, discuss with counsel how to handle notice by publication or joinder to avoid future claims on proceeds.
• Keep communication civil among family members. Litigation increases emotional strain and reduces proceeds available for distribution.

For tailored guidance on next steps, consider contacting a New Hampshire real estate or civil litigation attorney who handles partition matters and estate-related disputes.