Can I force a partition sale of my late father’s house I now co‑own with my sibling? — New Hampshire FAQ

Short answer: Yes — if you and your sibling cannot agree, New Hampshire law lets a co‑owner ask a court to partition the property. The court can either divide the land (partition in kind) or order a sale and split the proceeds. Before filing, confirm how title passed after your father’s death, attempt negotiation or buyout, and prepare for court costs and delays. This is general information only and not legal advice.

Disclaimer

This article explains general New Hampshire law and common next steps. It is educational only and not legal advice. For advice tied to your situation, consult a licensed New Hampshire attorney.

Detailed answer — how partition works in New Hampshire and what to do

1. Confirm ownership and whether probate is involved

Start by confirming who holds title. If your late father’s estate went through probate, the court records or the estate’s personal representative (executor/administrator) will show whether the house passed to you and your sibling outright. If the deed already lists you and your sibling as co‑owners (tenants in common or joint tenants), you each have an ownership interest that generally can be partitioned.

2. Try informal resolution first

Courts expect parties to try to resolve disputes before suing. Typical options:

• Agree a buyout: one sibling buys the other’s share based on an appraisal.
• Agree to list the property and split net sale proceeds.
• Use mediation or neutral valuation to bridge differences.

3. When to file for partition in court

If negotiation fails, a co‑owner can file a civil action asking the Superior Court for a partition. The court will evaluate whether physical division is practical. If division would be impractical or unfair, the court may order a sale and divide proceeds among co‑owners according to their ownership shares.

4. Typical court process and remedies

While procedures vary, the usual steps are:

1. File a complaint for partition in the Superior Court in the county where the property is located.
2. The court gives notice to all owners and interested parties (including lienholders or estate representatives).
3. The court may appoint commissioners (or a referee) to try to divide the land physically when sensible.
4. If the land cannot be fairly divided, the court will order a sale (often at public auction or by court‑appointed sale) and direct how to distribute net proceeds after costs, liens, and mortgages.

5. Costs, timelines, and practical effects

Expect months (sometimes longer) and court and appraisal fees. The court may award costs or require one party to pay certain expenses. Outstanding mortgages, tax liens, or other encumbrances usually must be paid from sale proceeds. If one co‑owner has been exclusively occupying the property, the court may consider equitable adjustments (e.g., credit for rent or for expenses paid).

6. If the property was still part of the probate estate

If title has not yet been transferred because probate is ongoing, you may need the personal representative to join the partition action, or petition the probate court about distribution. Resolving title in probate can change how and when a partition action proceeds.

7. How proceeds are divided

Proceeds are usually divided according to each owner’s legal share (for example, a 50/50 split if both are equal tenants in common). The court deducts costs, liens, and mortgage payoffs first. If one party claims greater contribution to mortgage, repairs, or taxes, the court may adjust distributions where equity requires it.

8. Practical checklist — what to gather before speaking to an attorney or filing

• Deed(s) showing current ownership.
• Probate file (if the estate is or was probated) and letters testamentary/administration.
• Mortgage statements and lien searches.
• Property tax bills and evidence of insurance and maintenance expenses.
• Any written offers or communications between co‑owners about sale or buyout.

9. Where to find New Hampshire statutes and courts for partition actions

New Hampshire’s statutes and court resources are available on the state websites. For statutory language, start with the New Hampshire Revised Statutes Annotated at the General Court site: https://www.gencourt.state.nh.us/rsa/. For local Superior Court procedures, see the New Hampshire Judicial Branch: https://www.courts.state.nh.us/.

Helpful Hints

• Get a current, independent appraisal before negotiating a buyout. Objective value reduces disputes.
• Consider mediation — courts often look more favorably on parties who tried alternative dispute resolution first.
• Talk to a New Hampshire real estate or probate attorney early to confirm whether title passed and whether you should involve the personal representative.
• Check encumbrances: outstanding mortgage or tax liens must be resolved and will affect net proceeds.
• Keep detailed records of mortgage, taxes, insurance, and repairs — the court may consider contributions or expenses when distributing costs.
• Be realistic about time and cost: a forced partition may increase cost compared with an agreed sale.
• If you live in the property or a sibling does, discuss temporary occupancy agreements (rent, utilities, maintenance) while resolving the dispute.

Next steps

If you and your sibling cannot reach agreement, consult a New Hampshire attorney who handles real property and probate matters. An attorney can confirm how title was conveyed, prepare and file a partition complaint if needed, and advise on likely outcomes and cost estimates for your county. Ask any attorney you contact about timelines, fees, and alternatives to litigation such as buyouts or mediated settlement.