Quick answer

Yes. In New Hampshire, if owners of real property cannot agree about keeping or selling the property, one or more co-owners can ask a court to divide the property or order its sale through a civil action called a partition. The court may divide the land physically (partition in kind) when practical. If physical division is impractical or would be unfair, the court can order the property sold and the proceeds distributed among the owners.

How it works under New Hampshire law

Co-ownership of real estate commonly takes these forms: joint tenancy, tenancy in common, or tenancy by the entirety (for married couples in some circumstances). Co-owners who disagree about what to do with real property typically cannot be forced to keep it together indefinitely. New Hampshire law provides a legal remedy called a partition action.

Partition action basics

• A co-owner files a complaint in court asking for partition of the property.
• The court determines whether the property can be divided physically (partition in kind) without harming property value or practical use.
• If physical division is not feasible or would be unfair, the court orders a sale and divides the proceeds among the owners according to their ownership shares and any liens or encumbrances.

Where to look in the statutes

New Hampshire’s Revised Statutes provide the framework for civil remedies involving property and civil procedure. For the text of relevant statutes and related provisions, consult the New Hampshire Revised Statutes Annotated at the New Hampshire General Court website: https://www.gencourt.state.nh.us/rsa/html/. You can search there for “partition” or relevant chapters on civil procedure and real property.

Which court handles partition actions

Partition actions are civil matters handled by the state trial courts (Superior Court for most contested civil real property matters). Check the New Hampshire Judicial Branch for filing rules and local procedures: https://www.courts.state.nh.us/.

What the court considers

The court will weigh practical considerations and fairness. Common factors include:

• Whether the property can be physically divided without materially reducing its value;
• Unique characteristics of the land (e.g., single-family house lot vs. large parcel that can be split);
• Improvements, mortgages, liens, and taxes;
• Each owner’s legal interest (percentage ownership) and contributions (purchase money, improvements, or maintenance);
• Costs of sale and any encumbrances that must be paid from sale proceeds.

Possible outcomes

• Partition in kind — physical division of the parcel among owners when feasible.
• Judicial sale — the court orders the property sold and divides proceeds after paying liens and costs.
• Buyout — other co-owners may purchase the share of the dissenting owner and avoid sale.
• Settlement — parties can settle any time, including through mediation, and agree on a sale or buyout plan.

Practical steps to take right now

1. Confirm ownership form: review the deed(s) to see whether owners hold the property as tenants in common, joint tenants, or by the entirety.
2. Gather documents: deed, mortgage statements, tax bills, HOA documents, title report, proof of improvements, and any estate documents if the property was inherited.
3. Try to negotiate: discuss buyout price, sale and split plan, or terms for one owner to buy others out. A written offer can encourage agreement.
4. Consider mediation: neutral mediation can narrow disputes and reduce litigation costs.
5. If negotiation fails, consult a New Hampshire real property attorney to evaluate filing a partition action and explain likely costs, timeline, and outcomes.

Costs, timeline, and risks

Partition suits can take months to more than a year, depending on complexity, title issues, and court schedules. Costs include court filing fees, attorneys’ fees, surveys or appraisals, and sale costs. The court may order sale costs and liens paid from sale proceeds before distribution. Also understand that a forced sale could produce a lower price than a voluntary market sale.

When the objecting owner is the surviving co-owner or part of an estate

If the disagreement involves heirs or an estate administration, there may be additional procedural steps in probate or related disputes. You should share estate documents with any attorney you consult so they can coordinate probate and partition issues.

Helpful hints

• Document every conversation and written offer about selling or buying out co-owners.
• Get an independent appraisal early so all owners have a clear market value baseline.
• Consider temporary agreements (e.g., who pays taxes, insurance, and maintenance) while you try to resolve the dispute.
• Explore buyout financing or seller financing as alternatives to a court-ordered sale.
• Mediation typically costs less than litigation and often preserves family relationships.
• Ask about attorney fee-shifting: in some circumstances a court may award costs or fees, but you should not assume fees will be recovered.
• Be aware that tax consequences (capital gains, basis adjustments) can affect how much each owner receives — consult a tax advisor.