Detailed answer — How appointment and private sales work in New Hampshire partition cases

In New Hampshire, when co-owners cannot agree on how to divide real property, one owner can file a partition action asking the court to divide or sell the property and distribute proceeds. The court controls the procedure for partition and has wide discretion to decide how best to protect all parties’ rights. That discretion typically includes appointing a commissioner, master, or other officer to carry out steps the court orders, including conducting a sale.

State statute and practice allow the court to order a sale instead of dividing the land physically (a sale in lieu of partition) when division would be impractical or inequitable. The court may then appoint someone to supervise or conduct that sale. A sale can be a public auction or, in some circumstances, a private sale. Courts will only approve a private sale if the method, terms, and price are fair and reasonable and adequately protect the rights of all parties. The court will usually require written notice to interested parties, evidence of fair market value (for example an appraisal), and a confirmation hearing before final approval.

Key practical points under New Hampshire practice:

• The court may appoint a commissioner to handle sale logistics (advertising, accepting offers, executing documents) if doing so furthers an orderly disposition of the property.
• A private sale to a particular buyer (including a co-owner, an affiliate, or a buyer procured by a co-owner) draws close judicial scrutiny. The court must be confident the transaction yields a fair price and that interested parties had notice and an opportunity to object.
• If a co-owner or a person with a conflict has a role in the private sale, the court often demands extra protections: an independent appraisal, full disclosure of relationships and terms, and possibly a requirement that sale proceeds be held in escrow until the court confirms sale fairness.
• After the commissioner reports the sale, the court typically holds a confirmation hearing. If the court finds the sale just and reasonable, it will confirm the sale and order transfer of title and distribution of proceeds. If not, the court can reject the sale and order a different method (for instance a public auction).

For statutory reference on how partition and sale authority works in New Hampshire, see the state statutes addressing partition actions and sales. The New Hampshire Revised Statutes Annotated contain the statutory framework courts use when deciding whether to order sale and how to protect parties’ interests: https://www.gencourt.state.nh.us/rsa/html/XL/547/index.html

Because the judge has broad discretion, success in obtaining appointment of a commissioner for a private sale depends on presenting the court with:

1. Clear proposed sale terms (purchase agreement, price, buyer identity);
2. Evidence the private sale is at least as beneficial as a public sale (appraisal, comparable sales, broker opinion of value);
3. Proposed protections for other owners (notice, escrow of proceeds, independent oversight, accounting); and
4. A proposed order appointing the commissioner with defined duties and deadlines.

If the court approves appointment and the private sale, the court will normally require that the commissioner act under court supervision and file a written report of sale, after which the court will hold a confirmation hearing before entering an order transferring title or directing distribution of sale proceeds.

Because procedures and local practice can vary among New Hampshire counties and trial courts, counsel will tailor the motion and proposed order to the judge’s preferences and to facts showing the sale is fair. The court may also impose bonding or other conditions on the commissioner.

Bottom line: Yes, under New Hampshire law you can ask the court to appoint a commissioner to handle a private sale in a partition action, but the court must be satisfied the private sale is fair, provides adequate notice and protection for all parties, and is preferable to other disposal methods. The court’s approval is discretionary and depends on the evidence and proposed safeguards you submit.

Helpful hints — Practical steps and tips if you want a commissioner to handle a private sale

• File a clear motion or pleading asking the court to: (a) order sale, (b) approve a private sale to the named buyer, and (c) appoint a commissioner with specific duties and deadlines.
• Attach the proposed purchase agreement and full disclosure of the buyer’s identity and any connections to a co-owner or other interested party.
• Provide an independent appraisal or broker’s opinion showing the proposed price is fair. If the buyer is a co-owner, expect the court to demand stronger proof of market value.
• Propose safeguards: notice to all interested parties, escrow of funds, a bond or security for the commissioner if appropriate, and a reserved confirmation hearing in the motion schedule.
• Be ready for objections. Other owners can request a public sale, object to terms, or demand additional protections. Address foreseeable objections in your initial submission.
• Suggest a tight timeline in your proposed order so the sale completes promptly and reduces the chance of delay or mortgage/maintenance issues.
• If you or your buyer has any conflict, identify it up front and offer independent oversight (independent broker, special master, or neutral commissioner) to reduce the court’s concerns.
• Hire an attorney experienced in New Hampshire partition practice. Courts expect parties to follow procedural rules, and an attorney can draft the motion, proposed order, and protections the court will require.

Common follow-up issues courts look at

• Whether the private sale price is substantially below market value.
• Whether all owners received proper notice and had a chance to object.
• Potential creditor claims or liens that affect the proceeds or title transfer.
• Whether the appointed commissioner is impartial and competent to carry out sale duties.
• How sale costs, liens, taxes, and distributions will be handled and accounted for.