What is a partition and who can ask for one?

A partition is a court process that lets co-owners end shared ownership of real estate. Any co-owner who holds an interest in the property can ask a court for partition. The court’s job is to divide the property fairly among the owners, either by dividing the land itself (partition in kind) or by selling the property and dividing the sale proceeds (partition by sale).

Partition in kind vs. partition by sale — which does New Hampshire prefer?

Courts generally prefer partition in kind because it preserves owners’ property interests. If the land can be divided reasonably so each owner receives a portion that reflects their ownership share, the court will usually order that division. However, when the land cannot be divided fairly because of differences in quality, location, improvements, topography, or access, the court may order a sale and split the money instead.

How courts handle unequal acres or different quality of land

When some acres are better than others, courts use approaches that try to achieve equitable results rather than a simple acreage split. Typical methods include:

• Physical division with adjustments: The court or an appointed commissioner may divide the tract so each owner gets land of roughly equal market value rather than equal acreage. This can mean giving a smaller number of high-value acres to one owner and a larger number of lower-value acres to another, combined with a money payment to balance differences.
• Money allowances or credits: If one share contains better land or improvements (such as a house, well, or road access), the court can award credits or require cash payments so the final distribution reflects each owner’s fair share of value.
• Buyout option: One co-owner can buy out the others by paying them their share of the fair market value of the portion kept. Often this happens after an appraisal establishes values.
• Partition by sale: If the property cannot be divided fairly in kind — for example, because pieces would be unusable, or division would greatly reduce total value — a court will order a sale (often at public auction) and divide the net proceeds according to ownership shares, after paying liens, costs, and any equitable adjustments.

Steps the court usually follows in New Hampshire

1. Pleading: A co-owner files a partition action in the court where the land lies, naming all co-owners and interested parties.
2. Fact-finding: The court determines each party’s legal interest, checks liens or mortgages, and identifies practical obstacles to dividing the land.
3. Appointment of commissioner or appraiser: The court commonly appoints a neutral person to inspect the property, prepare a proposed division or valuation, and submit a report.
4. Valuation and adjustment: The court reviews reports, may order appraisals, and decides whether to divide the property in kind or to sell it. If in kind, the court allocates lots and orders monetary adjustments as needed.
5. Sale if required: If sale is ordered, the court oversees sale procedures, pays liens, costs and commissions, then distributes proceeds based on ownership interests and any equitable offsets.

What evidence helps when some acres are better than others?

To get a fair outcome, present concrete evidence of value and use. Useful evidence includes:

• Recent independent appraisals for different portions of the property.
• A current boundary survey and map showing access, wetlands, slopes, and improvements.
• Photographs and descriptions of improvements (houses, barns, wells, roads).
• Records of payments for taxes and maintenance and documents showing who paid for improvements.
• Evidence of encumbrances (mortgages, liens) that must be paid from sale proceeds.

Practical examples (hypotheticals)

Example A — Unequal quality: Three siblings each own one-third of a 90-acre farm. Thirty acres are fertile tillable land near the road; the other 60 acres are steep, wet woodland. The court could divide by value — give smaller acreage of the tillable land to each owner and compensate the others with cash or larger parcels of lower-value woodland plus cash adjustments.

Example B — Impractical division: Two co-owners hold a long, narrow waterfront parcel. Dividing it in kind would leave one owner without water access or create tiny unusable strips. The court may order a sale and split proceeds after paying closing costs and any liens.

Where to find the New Hampshire statutes and rules

New Hampshire’s Revised Statutes Annotated (RSA) contain laws that govern civil actions, property rights, and court procedures. You can search the RSA collection and look up statutes relevant to partition actions on the New Hampshire General Court website: https://www.gencourt.state.nh.us/rsa/html/. Search the RSA index for chapters and sections dealing with partition of real estate and civil procedure for the detailed statutory text.

Helpful Hints

• Collect documents early: deed, title report, mortgage statements, tax records, surveys, and photos of improvements.
• Get a local appraisal: Values vary by parcel; an appraiser can show value differences that justify money adjustments rather than acreage splits.
• Consider mediation: Co-owners often reach a faster, cheaper settlement by negotiating buyouts or agreed divisions outside court.
• Expect costs: Court fees, appraisals, surveyors, and commissioner fees reduce sale proceeds or add to buyout amounts.
• Address liens before distribution: Mortgages and liens generally must be paid from sale proceeds or otherwise handled before owners receive their shares.
• Think about taxes: Capital gains, transfer taxes, or changes in property tax responsibility may follow a sale or change of ownership—check with an accountant or tax advisor.
• Use an attorney: A New Hampshire real estate attorney can explain local practice, prepare pleadings, and help present evidence about unequal value or improvements.