Detailed Answer: Steps to start a partition action in New Hampshire when a co-owner refuses

Note: This is general information only and not legal advice. Consult a licensed New Hampshire attorney to get advice tailored to your situation.

Overview

If you and another owner hold real property together and the other owner refuses to agree to divide, sell, or buy out interests, you can ask a court to force a division or sale by filing a partition action under New Hampshire law. Partition actions resolve competing ownership interests in real property and can result in a physical division of the land (partition in kind) or a court-ordered sale (partition by sale) with proceeds divided among owners.

Step-by-step process

1. Confirm jurisdiction and the correct county

File the partition case in the superior court for the county where the property is located. If you named a county (for example, “Guilford County”) that is not in New Hampshire, identify the correct county. The county where the land lies controls venue. See the New Hampshire Judicial Branch for court locations and filing procedures: https://www.courts.state.nh.us/.

2. Gather documentation

Before you file, collect documents that show ownership and the interests of all parties:

Deed(s) and chain of title
Mortgage documents and lien records
Property tax bills and receipts
Leases, rental agreements, and proof of rents received (if any)
Surveys, plats, and boundary descriptions
Any prior partition or court orders affecting the property

3. Attempt demand for partition (often required or recommended)

Many attorneys recommend sending a written demand asking for partition or a buyout and documenting the refusal. This creates a clear record that you tried to resolve the dispute before involving the court. Keep copies of the demand and any responses.

4. Prepare and file the complaint for partition

Your complaint should identify the property, describe each party’s interest, name all owners and lienholders, and request relief (partition in kind or sale, appointment of commissioners, accounting for rents and expenses, and division of proceeds). Under New Hampshire law, partition actions are governed by the statutes addressing partition (see RSA Chapter 547). A court will require that all persons with a recorded or known interest be joined.

Statutory reference: New Hampshire partition law—see RSA Chapter 547: https://www.gencourt.state.nh.us/rsa/html/XL/547/index.html.

5. Serve all defendants and interested parties

After filing, you must serve the complaint and summons on all co-owners, mortgage holders, lienholders, tenants, and any other persons with an interest in the property. Proper service is required to give the court authority to bind absent parties.

6. Response, discovery, and preliminary motions

Defendants typically file an answer and may raise defenses, counterclaims, or objections. The parties can exchange information through discovery. Either side may file motions (for example, to dismiss, for summary judgment, or to resolve lien priorities).

7. Request for partition in kind or partition by sale

The court will consider whether the property can be physically divided without prejudice to the owners (partition in kind). If a fair physical division is impracticable or would significantly diminish value, the court may order a sale and division of proceeds among the owners.

8. Appointment of commissioners or a referee

When a partition in kind is appropriate, the court usually appoints commissioners to conduct the physical division, prepare plans, and make interim reports. If the court orders a sale, it may appoint a commissioner or a court officer to arrange the sale, seek bids, or sell at public auction.

9. Accounting for rents, expenses, and liens

The court will handle prorating taxes, mortgage payments, necessary repairs, and rents or profits during the dispute. Liens and mortgages typically remain liens on the property and are handled according to priority rules; the court can determine lien priorities and direct how sale proceeds are allocated.

10. Final decree and distribution

After commissioners’ reports and any hearings, the court will issue a final decree describing the division or authorizing sale and setting forth how proceeds are distributed. The decree becomes a court order you can record in the county land records.

Where to find forms and local filing information

Check the New Hampshire Judicial Branch for civil case filing instructions and local court contacts: https://www.courts.state.nh.us/. For forms and procedural information, use: https://www.courts.state.nh.us/forms/.

Practical considerations and timelines

Timeframe: A straightforward partition may take several months. Complex disputes (title issues, multiple lienholders, contested valuations) can take a year or more.
Costs: Litigation costs include court filing fees, service fees, attorney fees, costs for surveys, appraisal fees, and commissioner fees. Expect several thousand dollars for a contested case; exact costs depend on complexity.
Parties to join: You must include everyone with a present interest in the property. Failing to join a party may delay or undermine the court’s ability to fully resolve rights.

Common outcomes

Partition in kind—property physically divided among owners if division is feasible.
Partition by sale—property sold and net proceeds divided among owners.
Buyout—one owner purchases other owner’s interest (often done by agreement to avoid court). The court may decree a fair procedure for valuing interests.

Helpful Hints

Confirm the correct county and file in the superior court that covers the town where the property is located.
Preserve written communications with the co-owner; a documented refusal strengthens your record.
Collect and organize title documents, the deed, surveys, tax records, and financial records before filing.
Consider mediation or settlement discussions before or during litigation to save time and cost.
Be prepared to pay interim costs (taxes, mortgage payments) to protect the property’s value; the court can later allocate these costs.
If there are mortgages or liens, consult an attorney about priority and how sale proceeds will be distributed.
Hire an attorney experienced in New Hampshire real property and partition law to guide pleadings, service, and court procedure.
Expect the court to appoint commissioners or a referee to handle technical matters such as division plans, appraisal, and sale logistics.

Statutes and further reading

New Hampshire partition law: RSA Chapter 547. For the statutory text, see: https://www.gencourt.state.nh.us/rsa/html/XL/547/index.html. For court filing information and forms check the New Hampshire Judicial Branch: https://www.courts.state.nh.us/.

Final note

Starting a partition action ends a property co-ownership dispute when negotiations fail, but the process can be complex and costly. Talk with a New Hampshire real property attorney early to evaluate options, confirm the correct venue, calculate likely costs, and ensure you join all necessary parties.