Detailed answer — What to do to buy out co-owners in New Hampshire

Below are clear, sequential steps you can follow. I assume you and your siblings currently co-own real estate. If any step is unfamiliar, consider getting professional help (title company, real estate agent, accountant, or attorney).

1. Confirm how title is held

First, get a copy of the deed from the County Registry of Deeds and confirm whether ownership is as joint tenants with right of survivorship or as tenants in common. In New Hampshire, the deed language controls how ownership interests pass on death and how they may be divided. If the deed does not create a joint tenancy, co-owners are typically tenants in common (each owner holds an individual share that can be sold or transferred).

2. Identify liens, mortgages, and other encumbrances

Get a title search or pull records at the Registry of Deeds to find mortgages, tax liens, or judgments. If the property has a mortgage, the lender may need to approve a refinance or removal of co-owners from the loan before title can be changed to your name alone.

3. Establish the market value and each sibling’s share

Obtain a professional appraisal or use a licensed real estate agent’s comparative market analysis to determine fair market value. Subtract outstanding liens to find equity. Divide equity according to ownership shares shown on the deed (for example, two siblings owning equal one-half shares each would generally be entitled to 50% of net equity each).

4. Decide how you will finance the buyout

Common options:

• Refinance the existing mortgage in your name only and use proceeds to pay siblings;
• Obtain a new mortgage or home equity loan in your name;
• Pay cash or use savings;
• Agree to seller financing where siblings carry a promissory note secured by the property (rare without lender consent).

Talk to potential lenders early so you know what you can borrow and whether the lender will allow the transaction given existing liens.

5. Negotiate and document the buyout

Put the buyout terms in writing. Key elements: purchase price for each sibling’s share; who pays closing costs and recording fees; date of transfer; contingencies (for example, financing or clear title); how taxes will be prorated; and what type of deed will transfer ownership (quitclaim or warranty deed).

6. Choose the right deed and arrange closing

Most sibling-to-sibling transfers use a quitclaim deed if the sellers (your siblings) are comfortable with no title warranty; sometimes a warranty deed is used. Have the deed prepared, executed before a notary, and then recorded at the County Registry of Deeds where the property is located. Recording the deed protects the new ownership from future disputes.

7. Closing and recording

Use a title company or closing attorney (if available in your county) to coordinate payoff of any mortgages or liens, disbursement to siblings, and recording of the new deed. Make sure the Registry of Deeds records the deed and any mortgage documents you sign. Ask for an updated title or deed copy for your records.

8. If siblings refuse to sell — partition action

If one or more co-owners will not agree to sell their interest, you may have the right to ask a court to divide or sell the property through a partition action. New Hampshire law provides for partition actions — the court can either divide the property physically (partition in kind) or order a sale and then divide the proceeds among owners. For the statute on partition procedures in New Hampshire see RSA Chapter 547: Partition (New Hampshire Revised Statutes Annotated): https://www.gencourt.state.nh.us/rsa/html/XV/547/index.html.

9. Consider tax and long-term implications

Buying out siblings can have tax effects: capital gains basis, potential gift tax implications (if you pay less than fair market value), and income tax reporting for capital improvements or selling later. Consult a CPA or tax advisor for specifics. Also update homeowner’s insurance and, if applicable, beneficiary designations.

10. When to get professional help

Consider hiring a real estate attorney if:

• Title is unclear or complex;
• There are multiple liens or a mortgage that will be refinanced;
• Co-owners disagree and you may need a partition action;
• The buyout involves complex tax consequences or large sums.

Short hypothetical example

Imagine three siblings own a house as tenants in common with equal shares. Appraisal shows $300,000 value; mortgage payoff is $60,000, leaving $240,000 equity. Each sibling’s share of equity is $80,000. If you want to keep the house, you could refinance the mortgage for up to the full loan amount needed, use the refinance proceeds (or cash) to pay each sibling $80,000, have them sign quitclaim deeds transferring their shares to you, and record the new deed in the Registry. If a sibling refuses, you might need to file a partition action under RSA 547.

Important note: Lender rules, county recording fees, and tax consequences can change how you structure the buyout. Plan early and document everything in writing.

Helpful hints

• Start by pulling the deed and recent title information at the County Registry of Deeds so you know exactly who owns what and what liens exist.
• Get a professional appraisal rather than relying solely on online estimates; a neutral number helps negotiations.
• Talk to lenders early if you’ll need a refinance — lenders will want to underwrite you alone before they remove others from the loan.
• Use a written purchase agreement even if family relations are good. Clear terms prevent misunderstandings.
• Record the deed promptly after closing; an unrecorded deed can cause title problems later.
• If emotions run high, consider mediation before court. Mediation can preserve family relationships and avoid costly litigation.
• Consult a tax professional about possible capital gains and other tax consequences of the transaction.
• If you face a refusal to sell, learn about partition remedies under New Hampshire law: see RSA Chapter 547 at the New Hampshire General Court website: https://www.gencourt.state.nh.us/rsa/html/XV/547/index.html.