What steps are required to initiate or consent to a partition action before a court-appointed commissioner in New Hampshire? | New Hampshire Partition Actions | FastCounsel
NH New Hampshire

What steps are required to initiate or consent to a partition action before a court-appointed commissioner in New Hampshire?

Detailed Answer

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.

Understanding Partition Actions in New Hampshire

Under New Hampshire law, a partition action lets co-owners divide real property either physically or by sale. The process begins in Superior Court and often involves a court-appointed commissioner who oversees the division or sale.

Step 1: Filing the Partition Complaint

One co-owner (the “plaintiff”) starts by filing a civil complaint in the Superior Court of the county where the property lies. The complaint must:

  • Identify all parties with an ownership interest.
  • Describe the property (tax map, address, lot number).
  • Request either physical division or sale and pro rata distribution of proceeds.

Cite: RSA 547:1 (Partition; Process).

Step 2: Serving and Notifying Interested Parties

After filing, the plaintiff must serve every co-owner and lienholder. The court issues a summons, and each party has 30 days to respond. Failure to respond may lead to default judgment.

Step 3: Court Appointment of Commissioner

If the court grants partition relief, it appoints a commissioner under RSA 547:14 (Commissioner; Appointment). That person must be disinterested and may be:

  • A registered land surveyor.
  • A licensed real estate appraiser.
  • Any neutral party approved by the court.

Step 4: Commissioner’s Duties and Report

The commissioner:

  • Visits and inspects the property.
  • Prepares a written appraisal or division plan.
  • Files a report with the court, detailing proposed physical lots or sale terms.

Co-owners can object in writing within 14 days. If no objections arise, the court confirms the report.

Step 5: Court Confirmation and Distribution

Once confirmed, the commissioner executes deeds for divided parcels or arranges the sale and distributes net proceeds to co-owners in proportion to their ownership interests.

Consenting to a Partition Action

All co-owners may bypass contested litigation by signing a written consent form and proposed division plan. The consent package is filed with the court and, upon judicial approval, the court confirms the agreed-upon partition without contested hearings.

Helpful Hints

  • Gather all deeds, mortgages, and surveys before filing your complaint.
  • Confirm each co-owner’s mailing address to ensure proper service.
  • Choose a commissioner with local property expertise to speed the process.
  • Review the draft report carefully—file objections promptly if needed.
  • Consider alternative dispute resolution (mediation) before litigation.
  • Keep clear records of all court filings and service-return receipts.
  • Consult an attorney early to avoid delays and ensure compliance with RSA 547.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.