Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed New Hampshire attorney for guidance on your specific situation.
Detailed Answer
What Is a Partition Action?
Under New Hampshire law, a partition action lets co-owners divide or sell jointly held real property. It is governed by RSA 547:1 et seq. Any co-owner may file in the Superior Court of the county where the land lies.
Hypothetical Scenario
Imagine three siblings—Alice, Bob, and Carol—inherit a 12-acre parcel in Concord as tenants in common. They cannot agree on using or selling the land. Alice may petition the court to partition the property.
Step 1: Identify Co-Owners and Property Details
- Obtain a certified copy of the deed or title abstract showing all co-owners.
- Record the parcel’s legal description and tax map number from the county registry.
Step 2: Draft the Petition
The petition must include:
- The full legal description of the property.
- Names and last known addresses of every co-owner (defendant).
- A statement of your ownership interest and your request for partition or sale.
- Any relevant exhibits (deeds, maps).
Step 3: File in Superior Court
File the petition with the Clerk of the Superior Court in the county where the land is located. Pay the filing fee, typically around $180 (fees vary by county). You will receive a case number and filing stamp.
Step 4: Serve the Petition
Service must comply with RSA 547:3. You can:
- Serve each co-owner personally or by certified mail with return receipt.
- If you cannot locate a defendant, publish notice once in a local newspaper and post copies at the county courthouse and on the property.
Step 5: Wait for Response and Hearing
Defendants have 30 days after service to answer. The court schedules a hearing to confirm service and consider next steps.
Step 6: Appointment of Commissioner or Referee
At the hearing, the court appoints a commissioner (often a licensed surveyor or attorney) under RSA 547:6. The commissioner will:
- Survey and physically divide the property if feasible.
- If physical division is impractical, conduct a public sale and distribute proceeds according to each party’s share.
Step 7: Final Decree and Distribution
After partition or sale, the commissioner files a report. The court issues a decree confirming the division or sale. The clerk then records deeds or disburses sale proceeds, less costs and fees, to each co-owner.
Helpful Hints
- Confirm the county and division of the Superior Court before filing.
- Use a professional surveyor for complex property boundaries.
- Maintain clear records of all service attempts and postings.
- Consider mediation if co-owners are open to negotiation before filing.
- Keep copies of all court filings, fee receipts, and commissioner reports.
- Attend the hearing and be prepared to explain why partition or sale is necessary.
- Consult with a New Hampshire attorney if any step feels unclear or contested.