Detailed Answer — How New Hampshire law handles co-owners or heirs who refuse to cooperate
Short answer: If some co-owners or heirs refuse mediation or will not sign a sale, you generally cannot complete a voluntary sale without them. However, New Hampshire law lets a co-owner or an estate representative ask the court to force a partition of the property. If the court finds physical division is impractical, it can order a sale and divide the net proceeds among the owners or heirs.
What legal tool lets you force a sale?
The usual remedy is a petition for a partition action in the appropriate court. A partition action asks the court to either divide the property among co-owners (partition in kind) or, if division is impractical or unfair, order a sale and distribute proceeds (partition by sale). For an overview of New Hampshire statutes and the state code, see the New Hampshire Revised Statutes Annotated (RSA): https://www.gencourt.state.nh.us/rsa/.
Who can start a partition action?
- A co-owner of record in fee simple (including heirs who inherit an ownership interest) can file.
- If the property is part of a decedent’s estate, the executor or administrator may bring the action on behalf of the estate if authority exists under the will or under court supervision.
What will the court do in a partition case?
Typical court options are:
- Order partition in kind: divide the land into separate physical parcels and award each owner a portion proportionate to their interest.
- Order sale: if fair physical division is impractical, unsafe, or would materially reduce value, the court can require a public sale. After paying liens, costs, and expenses, the court divides the proceeds according to each party’s ownership share.
- Appoint a commissioner or referee to carry out sale or partition steps (valuation, sale advertising, conducting sale and closing).
Can mediation refusal change the outcome?
Refusing mediation does not prevent you from asking the court for partition. In fact, courts generally expect parties to try to resolve disputes, but a refusal to mediate alone is not a defense to partition. The court may consider whether meaningful settlement efforts occurred when allocating costs or awarding fees, but refusal does not block a partition petition.
Practical limits and common complications in New Hampshire
- Mortgages and liens. Outstanding mortgages or liens stay with the property and must be addressed at sale. The court will typically require payoff out of sale proceeds.
- Estate administration. If the property is subject to probate, the personal representative’s authority and the probate process can affect timing. Executors should coordinate with probate counsel.
- Unequal contributions and improvements. Parties may claim credits for payments or improvements; the court can account for those when dividing proceeds.
- Costs and delay. Partition suits can take months and incur court and attorney fees. Those costs reduce net proceeds from any forced sale.
- Buyout options. Sometimes one co-owner can buy out others at a court-ordered valuation to avoid a public sale and likely get a better price.
Typical process and timeline (high level)
- Attempt settlement or mediation (recommended).
- If settlement fails, file a partition petition in the proper New Hampshire court.
- Serve all interested parties (all co-owners, lienholders, and heirs with an interest).
- The court may order an appraisal, appoint a commissioner, and hold hearings on whether partition in kind is feasible.
- If sale is ordered, the court supervises or authorizes the sale, then apportions net proceeds.
Where to look in the law
New Hampshire’s statutes and court rules govern partition actions and probate matters. The state RSA collection is online here: https://www.gencourt.state.nh.us/rsa/. For procedural rules and local forms, check the New Hampshire Judicial Branch self-help and Superior Court pages: https://www.courts.state.nh.us/.
Helpful Hints
- Gather documents first: deed, title search, mortgage statements, probate paperwork, tax bills, surveys, and any agreements among heirs.
- Try mediation before filing. Courts and judges view good-faith settlement efforts favorably and mediation can save time and money.
- Talk to a lawyer experienced in New Hampshire partition and probate practice early. A lawyer can explain likely outcomes, cost allocations, and whether a buyout is realistic.
- Consider tax consequences. A court-ordered sale triggers capital gains and estate tax consequences for some owners; consult a tax advisor.
- Watch for liens and mortgage payoff requirements—they follow the property even after a forced sale and reduce net proceeds.
- If you are the executor or administrator, confirm whether the will or probate court order gives you authority to sell without further court action—sometimes a probate sale is possible without a partition suit.
- Keep records of any payments you make for mortgage, taxes, or maintenance—these can affect your share in court accounting.
Next steps: If parties won’t cooperate, consult a New Hampshire attorney who handles partition and probate litigation. They can assess whether a partition action or a probate sale is the fastest, least expensive route to resolve ownership and liquidate the property.
Disclaimer: This article explains general New Hampshire law and is for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed New Hampshire attorney.