What to do when co-owners disagree about selling a jointly owned New Hampshire house

Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice tailored to your situation, consult a licensed New Hampshire attorney.

Detailed answer — How to force a sale of jointly owned property in New Hampshire

If you own real estate in New Hampshire with two other co-owners and you cannot reach agreement about whether to sell, you can generally ask a court to end the co-ownership and either divide the property or order its sale. The legal tool for this is a partition action. In New Hampshire, partition is a court process that lets co-owners force division or sale of real estate when voluntary agreement is impossible. See New Hampshire statutes dealing with partition for the controlling rules (search New Hampshire RSA for “partition”).

Key points about how a partition action works in New Hampshire:

Where you file: File a partition suit in the appropriate New Hampshire court where the property is located (typically the county Superior Court for real‑property disputes). Check the New Hampshire Judicial Branch for filing information and local rules: https://www.courts.state.nh.us/superior/.
Who may sue: Any co‑owner of the real estate who holds an ownership interest can bring a partition action against the other co‑owners.
Partition in kind vs. sale: The court first considers whether the land can be physically divided (partition in kind). If dividing the parcel fairly is impractical or would prejudice the owners, the court will order partition by sale and divide the proceeds among the owners according to their ownership shares.
Appointment of commissioners or a referee: The court may appoint commissioners or an agent to survey, value, divide, or sell the property and report back to the court.
Adjustments and accounting: The court can adjust distributions to account for unequal contributions, improvements, payments of mortgage, taxes, rents and profits, liens, or waste. The court’s final order will allocate net proceeds after costs and liens.
Timing and costs: Partition litigation can take months. Court costs, legal fees, appraisal and auction costs, and commissions may reduce the amount each owner receives. The court can sometimes allocate costs between parties.

Statutory authority and where to look

New Hampshire’s statutes and case law set out the procedures and remedies for partition actions. For an entry point to the Revised Statutes Annotated (RSA) and related chapters, use the New Hampshire General Court RSA index: https://www.gencourt.state.nh.us/rsa/html/. The court rules and Superior Court practice pages on the New Hampshire Judicial Branch website also explain filing, forms, and local procedures: https://www.courts.state.nh.us/superior/.

Typical court orders you can expect

Order approving partition in kind (rare for a single-family home located on one lot) or ordering sale and division of proceeds.
Appointment of commissioners to value, advertise, and sell the property at public auction or private sale under court supervision.
Adjustments for liens, mortgages, unpaid taxes, or unequal contributions by co‑owners.
Orders resolving possession, preventing waste, or allowing a co-owner to buy out the others at a court‑determined price.

Practical alternatives before suing

Offer a buyout: One co‑owner pays the others their fair shares based on a current appraisal.
Mediation: A neutral mediator can help break an impasse at far lower cost than litigation.
Refinance or assume mortgage: If the mortgage is the sticking point, consider refinancing to remove an unwilling co‑owner from the loan.
Voluntary sale: Agree on listing terms, commission, and division of proceeds to avoid court costs.

How to prepare if you plan to file for partition

Collect title documents (deeds, recorded interests), mortgage statements, tax bills, insurance records and proof of any payments you personally made (improvements, taxes, mortgage payments).
Obtain a recent property valuation or prepare to ask the court for an appraisal.
Document communications with the co‑owners showing attempts to resolve the dispute (emails, texts, letters, offers).
Identify any tenants, leases, or rental income and whether rent is being collected and distributed.
Consider whether any co‑owner has liens or judgments against their interest that would affect distribution of sale proceeds.

What you should know about mortgages, liens, and taxes

Co‑owners remain subject to mortgages and liens on the property until those obligations are paid or otherwise discharged. A partition sale will not eliminate a valid mortgage; the mortgage is satisfied from sale proceeds in priority according to recording order. If you are current on mortgage payments and other co‑owners are not, bring that to the court’s attention—courts often adjust distributions to reflect who paid what.

When to get a lawyer

Partition actions involve complex property, contract, and sometimes family law issues. Hire a New Hampshire real estate litigator if:

Large equity sums are at stake.
Disputed ownership shares, contributions, or liens exist.
There is a risk of waste, foreclosure, or competing claims.
You want to pursue a buyout, an accounting, or to contest the proposed sale method.

Helpful hints

Start by trying to negotiate a buyout or mediated settlement—these options save time and money.
Get a current appraisal so you understand fair market value before settlement talks or court action.
Document every payment you make for mortgage, taxes, repairs, or improvements—these records support adjustments in court.
Know the title: check recorded deeds for percentage interests and any recorded liens.
Ask the court for a receiver if you fear a co‑owner will damage or waste the property while litigation is pending.
Understand tax consequences of a sale and consult a tax advisor about capital gains and basis adjustments.
Be prepared for legal fees and court costs to reduce net proceeds—factor that into settlement offers.

Want help finding a New Hampshire attorney who handles partition and real estate litigation? Contact the New Hampshire Bar Association or use the Judicial Branch resources to find counsel in your county.