What is a partition action in New Hampshire?

A partition action asks a court to divide property among co-owners (tenants in common) or, if division in kind is impractical, to order a judicial sale and divide proceeds. In New Hampshire, partition is an equitable remedy brought in Superior Court. For state statutes and related rules, see the New Hampshire Revised Statutes and the court self-help pages:

• New Hampshire Revised Statutes Annotated (RSA) – statutes index
• New Hampshire Judicial Branch – Self-Help and Court Information

Hypothetical facts (to make recommendations concrete)

Two siblings inherit a house as tenants in common after a parent dies. One sibling still lives in the house and pays the mortgage and utilities. The other sibling files a partition action asking the court to sell the property and split the proceeds. The sibling who lives in the house wants to keep it if possible.

Initial steps after being served

1. Read the complaint and summons immediately. Note the deadline to respond. In New Hampshire, failing to respond can lead to a default judgment.
2. Preserve documents: the deed, will or probate documents, mortgage and payment records, property tax bills, receipts for repairs or improvements, insurance, and correspondence with the co-tenant.
3. Contact a New Hampshire attorney who handles real property or partition matters. If you cannot afford one, check the court self-help resources above or local legal aid.
4. Consider filing a timely answer or other responsive pleading and, if appropriate, counterclaims (for accounting, credits for payments, or to block sale). Your attorney can advise the correct procedural response in Superior Court.

Common legal defenses and procedural responses

Below are defenses and court strategies commonly used in New Hampshire partition disputes. Which apply depends on your facts.

• Challenge ownership or standing. If the plaintiff lacks a legal interest (e.g., the deed or probate shows a different distribution), you can challenge their right to bring partition.
• Seek partition in kind rather than sale. Ask the court to divide the property physically if that is feasible and fair. Courts prefer partition in kind when it is practical and does not unduly harm owners.
• Claim credits for contributions. If you paid the mortgage, taxes, insurance, or made repairs or improvements, ask the court to credit your share. Keep payment records; the court can adjust distributions to reflect contributions and reimbursements.
• Assert equitable defenses. If the suing co-tenant engaged in misconduct (fraud, waste of property, ouster), you can ask the court to consider those facts and potentially award offsets or deny relief until accounting is complete.
• Request an accounting. Ask the court for a formal accounting of rents, profits, expenses and credits before any sale. This can change how proceeds are divided.
• Ask for an injunction or stay. If a sale would cause immediate and irreparable harm (for example, a co-tenant pursuing a rushed sale without providing accounting), you may seek a temporary restraining order or injunction to preserve the status quo while issues are decided.
• Counteroffer a buyout. Propose to buy the other co-tenant’s share at fair market value (after appraisal and accounting). Courts often prefer private settlements over a forced sale.
• Insist on mediation. Many courts and parties use mediation to reach a settlement that avoids the expense of a sale. Mediation can include structured buyout terms, payment plans, or a co-ownership agreement.

Evidence to gather to support defenses

Good documentation often determines outcome. Collect:

• Deed, will, or probate documents showing ownership shares.
• Mortgage payment records, property tax bills, homeowner insurance payments.
• Receipts and invoices for repairs, improvements, or maintenance.
• Bank records showing contributions or payments made on behalf of the property.
• Photos or estimates showing whether the property is easy to divide physically.
• Communication records (emails, texts) showing agreements or disputes between co-owners.

Typical outcomes a New Hampshire court may order

• Partition in kind: physical division of the property into separately owned parcels (rare for single-family homes).
• Judicial sale: the court orders a sale and divides proceeds after accounting for liens and credits.
• Buyout: one co-tenant buys the other’s share at a court-determined or agreed value.
• Adjusted division: the court orders payment adjustments to reflect mortgage, taxes, and improvements so one co-tenant receives a larger share or monetary credit.
• Dismissal: if the plaintiff lacks standing or equity, the court may dismiss the partition action.

Timeline and procedure (what to expect)

Partition actions proceed in Superior Court under equitable principles. Expect pleadings, discovery (document requests, depositions), valuation (appraisal), possible motion practice (for injunctions or accounting), and either settlement, trial, or sale. Timelines vary but plan for several months to a year or more for contested matters.

Practical negotiation strategies

• Get an independent appraisal to support a buyout offer or to argue against an immediate sale.
• Propose a structured buyout with payments over time if you can’t pay the full buyout price immediately.
• Offer credit for documented mortgage/tax/payments and request credit for improvements that increased value.
• Use mediation to keep control of outcome and reduce legal fees.
• If you want to remain in the home, be ready to show financial ability to keep up mortgage, taxes and insurance.

When to hire an attorney

Hire a New Hampshire real property attorney if the other co-tenant files suit, if large sums or sentimental property are at stake, or if the facts are disputed. An attorney will: file timely responses, seek injunctions if needed, prepare an accounting request, negotiate buyouts or settlements, and represent you at trial if necessary.

Statutes and further resources

For statutory language and detailed law, search the New Hampshire Revised Statutes at the state legislature site and consult the New Hampshire courts for forms and self-help information:

• New Hampshire Revised Statutes (RSA) — Index and search
• New Hampshire Judicial Branch — Self-Help Center

Note: partition law in New Hampshire is rooted in statute and equitable court practice. An attorney can point to the specific RSA sections and local rules most relevant to your case.

Helpful Hints

• Respond to court papers by the deadline. Missing the deadline risks default judgment.
• Gather all payment records now — the earlier you start, the stronger your accounting claims.
• Consider appraisal and mediation before litigation expenses grow.
• Ask the court for an accounting and credits before any sale is approved by the court.
• Document all communications with the co-tenant; they may help at mediation or trial.
• Keep the house insured and current on taxes and mortgage while litigation proceeds to avoid liens or foreclosure.
• If you live in the home, understand how courts weigh occupation, contributions, and fairness when dividing proceeds.