Options to Force Sale or Division of Co-Owned Real Property After Divorce in New Hampshire

Disclaimer: This is general information only and not legal advice. I am not a lawyer. Consult a New Hampshire attorney for advice about your specific situation.

Detailed Answer — How you can force sale or division of property you still co-own

If you and your ex still co-own real property after your divorce, you have several paths under New Hampshire law to divide or force the sale of that property. Which path works best depends on what your divorce judgment said, whether the deed or title was changed, mortgage status, and whether the co-owner cooperates.

1. Check the divorce judgment and property settlement first

Start by carefully reading your divorce judgment, property settlement agreement, or separation agreement. If the court already awarded the property to one person, the judgment may require the other to quitclaim the deed, refinance the mortgage, or accept a buyout. If the other side refuses to comply, you can often enforce the judgment through the family or superior court by filing a motion to enforce or for contempt.

Why this matters: enforcing a divorce judgment can be faster and cheaper than a new lawsuit, and the court that issued the divorce judgment can order compliance.

2. File a partition action to force division or sale

If both names still appear on the deed and the divorce judgment didn’t resolve title, an owner can file a partition action in New Hampshire courts to divide the property or force a sale. Partition law gives co-owners the right to ask a court to either physically divide the land (“partition in kind”) or, if division is impractical, order a sale and divide net proceeds among owners.

Partition actions typically proceed in the Superior Court. The court may appoint commissioners or a referee to determine how to divide the land or to arrange a sale and to report back to the court. Sale proceeds pay mortgages, liens, and costs before distribution among co-owners.

See New Hampshire’s partition statute for the legal rules governing these cases: RSA Chapter 547 (Partition).

3. Negotiate a buyout or mediated settlement

An often quicker, less expensive route is to negotiate. Options include:

• One co-owner buys the other’s interest at an agreed price or at a price determined by an appraisal.
• Sell the property on the open market and split proceeds per agreement.
• Temporary agreements (one party lives in the house and pays occupancy rent) until the market improves.

Mediation helps resolve disputes without the delay or cost of litigation. Courts in many New Hampshire counties also offer court-linked mediation services for property disputes.

4. Quiet-title or corrective deed options (if title issues exist)

If the problem is a title defect or an ex refuses to sign a deed despite the divorce court’s order, you might pursue a quiet-title action or specific performance to clear title or compel conveyance. Quiet-title actions are also filed in the Superior Court.

5. Tax, mortgage, and lien considerations

Remember that a court-ordered sale does not remove a mortgage automatically. Mortgages and liens remain attached to the property until they are paid off from sale proceeds or the lienholder agrees to release them. If one party remains on the mortgage, they remain liable to the lender unless refinanced.

6. Reopening a divorce order is difficult

Once the divorce judgment is final, reopening the case to change the property division is usually only possible for limited reasons such as fraud, mutual mistake, or a clerical error. You should discuss any attempt to reopen the divorce with a lawyer quickly because strict deadlines and standards apply.

Where these matters are typically filed in New Hampshire

Partition and quiet-title actions are generally filed in the New Hampshire Superior Court. Enforcement of divorce judgments (motions to enforce, contempt) is handled by the court that issued the divorce, which may be the Family Division of the Superior Court depending on the county. For general information about New Hampshire courts and self-help resources, see the Judicial Branch: New Hampshire Judicial Branch.

Practical steps to take right now

1. Locate your divorce judgment and any written property settlement. Confirm whether the property was awarded to either spouse or whether both retain title.
2. Check the public land records to confirm current deed and who holds title. Your county registry of deeds records the deed.
3. If the judgment ordered a deed transfer and the other party refuses, consult a lawyer about filing an enforcement motion or contempt petition with the court that entered the divorce order.
4. If title still lists both owners and the divorce did not resolve the deed, consider a partition action or a buyout negotiation/mediation.
5. Talk to an attorney experienced in New Hampshire real property and family-law enforcement. Ask about costs, timeline, likely outcomes, and whether mediation could save time and money.

Helpful Hints

• Keep all written agreements and correspondence about the property. Courts prefer documents over oral claims.
• Get a current appraisal and a title search early — they clarify value and liens and help with settlement or partition planning.
• Consider temporary arrangements (who lives there, who pays mortgage/taxes/insurance) and put them in writing to avoid future disputes.
• Be prepared for costs: partition suits can be slower and more expensive than negotiated buyouts. Factor in attorneys’ fees, court costs, and possible commission or appraisal fees.
• If you want the house but cannot refinance immediately, consider whether the other co-owner would accept a promissory note or staged buyout.
• Enforcement of a divorce judgment (for example, to force a deed transfer ordered in the divorce) can be faster than bringing a new partition lawsuit.
• Tax consequences: sale proceeds, buyouts, and transfers have potential tax effects. Talk to a tax advisor before finalizing large transactions.

When to talk to an attorney

Contact a New Hampshire attorney if any of the following apply: the other party refuses to comply with a court order; title still lists both spouses; there are mortgages or liens that complicate transfer; you need to force a sale; or you are unsure whether the divorce judgment already resolved the issue. An attorney can explain whether to pursue enforcement, partition, quiet-title, or negotiation and can estimate likely fees and timeline.

Again, this is general information and not legal advice. Laws change and facts matter. For guidance tailored to your case, consult a licensed New Hampshire attorney.