Detailed answer — how forced sale works under New Hampshire law

Basic rule: If multiple heirs co-own real property and cannot agree on its use or disposition, any co-owner may ask the court to partition the property. In New Hampshire, partition actions allow the court to divide the land between co-owners (partition in kind) or order a sale and divide the proceeds (partition by sale).

What law governs partition in New Hampshire?

The New Hampshire statutes describe partition procedures and the remedies courts may order. For statutory authority and details, see the New Hampshire Revised Statutes available from the state legislature: New Hampshire RSA (statutes). Courts hearing partition matters are typically the Superior Court in the county where the property is located; learn more at the New Hampshire Judicial Branch: NH Courts.

When will a court order a sale rather than divide the land?

• If physical division (partition in kind) is not practical or would prejudice one or more co-owners, a court may order a sale of the property and distribute net proceeds among owners according to their ownership shares.
• The court considers factors such as size and configuration of the parcel, number of owners, value loss from division, and any agreements among owners.

Who can start a partition action?

Any co-owner — including an heir who inherited an undivided interest — can file a partition lawsuit asking the court to divide or sell the property. Inherited interests typically result in tenants in common (each owns a fractional share), and any tenant in common has the right to seek partition.

Typical court process for a forced sale

1. File a complaint for partition in the Superior Court where the property is located. The complaint names all co-owners and describes ownership shares and the property.
2. Serve co-owners. Defendants can answer and raise counterclaims (for example, claiming a different ownership share or asserting liens).
3. Court may order appraisal and appoint commissioners or referees to examine the property and recommend division or sale methods.
4. If partition in kind is infeasible, the court will order a sale (often a public sale unless owners agree to a private sale). The court supervises sale procedures and confirms the sale, then divides proceeds after paying expenses, liens, and costs.
5. The court issues a final decree allocating net proceeds according to ownership shares and adjusting for payments or credits (for mortgages paid, improvements, or waste). The decree clears title accordingly.

Can you force a private sale specifically (rather than a public auction)?

Yes, but with limits. Courts will permit a private sale if it is in the best interest of the parties and maximizes value compared to a court-ordered public sale. Co-owners can present an agreed private-sale plan to the court (purchase offer, escrow terms, buyer identity). If the court finds the private sale fair, it may approve it and then divide proceeds. If co-owners cannot agree, the court may order a public sale or appoint someone to sell under court supervision.

Practical adjustments courts make in dividing proceeds

• Mortgage and lien payoffs are handled before distribution.
• Contributions to purchase price, taxes, and improvements may be credited to the paying co-owner.
• Costs of the partition action (court costs, mediator, appraiser, attorneys) often come from the sale proceeds.

Alternatives to forced sale

• Negotiate a buyout: one co-owner buys others’ shares at an agreed price.
• Sell privately by unanimous agreement and split proceeds without court involvement.
• Mediation or neutral appraisal to reach a voluntary partition or sale plan.
• Lease or manage the property jointly while working toward an agreed solution.

Timing and costs to expect

Partition lawsuits can take several months to a year or longer depending on complexity, number of parties, need for appraisal, and whether appeals occur. Court costs, appraiser/commissioner fees, and attorneys’ fees can reduce net proceeds; in some cases the court may award attorneys’ fees to a prevailing party if statutes or contract justify it.

When to hire an attorney

Hire an attorney if ownership shares are disputed, liens or mortgages exist, co-owners are uncooperative, or the value and tax consequences make accuracy critical. An attorney can prepare pleadings, negotiate buyouts, present a private-sale plan to the court, and protect your financial interest.

Hypothetical example

Three siblings inherit a 100‑acre parcel as tenants in common (each 1/3). One sibling wants liquidity; others want to keep the land. The sibling seeking sale files a partition action in Superior Court. Appraisers report that dividing the 100 acres would leave each portion substantially less marketable. The court orders sale. The siblings submit an agreed private‑sale offer with a credible buyer and closing plan. The court approves the private sale, confirms closing, pays mortgages and costs, and distributes net proceeds 1/3 each after adjustments for any unpaid taxes paid by one sibling.

Key statutory and court resources

• New Hampshire Revised Statutes (full text and chapter search): https://www.gencourt.state.nh.us/rsa/html/indexes/default.html
• New Hampshire Judicial Branch (court locations, procedures): https://www.courts.state.nh.us/

Helpful hints — practical steps to protect your position

• Confirm your ownership: get a certified copy of the deed or recorded probate distribution showing your interest.
• Gather documents: wills, probate orders, mortgages, liens, property tax records, insurance, and receipts for improvements or payments.
• Communicate early: attempt a written negotiation or mediation with co-owners before filing suit—courts favor parties who try to resolve disputes voluntarily.
• Consider valuation: obtain one or two independent appraisals to support a private-sale offer or to show the court why partition in kind is impractical.
• Budget for costs: expect appraisal, filing fees, possible commissioner fees, and attorney fees; these come out of sale proceeds unless otherwise ordered.
• Check liens and mortgages: unresolved liens can affect sale feasibility—identify and plan to address them (payoff or negotiation).
• Ask about buyout terms: a buyout can avoid litigation; insist on a written buyout agreement with clear payment and closing terms.
• Think tax consequences through: sale proceeds may generate capital gains and trigger estate tax issues—consult a tax advisor if necessary.
• Use court-approved procedures for private sale: if you propose a private sale, present a clear proposed contract, buyer information, and reasons the sale is fair and maximizes value.
• Get legal help if stakes are high: an attorney experienced in New Hampshire real property and probate/estate matters will guard your rights and prepare the paperwork the court expects.

Final note and disclaimer: This article explains general principles and typical procedures under New Hampshire law. It is educational only and not legal advice. For guidance tailored to your facts, contact a licensed New Hampshire attorney.