Detailed Answer

In New Hampshire, the petitioner(s) in a partition lawsuit are the person or people who ask the court to divide (partition) real property. Typically the petitioners are the co-owners who want the court to end co-ownership and either physically divide the land or sell it and divide the proceeds. The petition names those who ask for relief and also identifies everyone else with a recorded or claimed interest in the property so the court can bind all interested parties.

Who to list as petitioners

• Co-owners who actively request partition: If you and one or more co-owners jointly want a partition, you may file together and list all of you as petitioners.
• A single co-owner seeking partition: One co-owner may file alone and be the sole petitioner, asking the court to bring in the other co-owners as defendants.
• Representative parties: If an owner is incapacitated or a minor, a guardian, conservator, or guardian ad litem may file on that person’s behalf and will be listed in the petition as the representative petitioner.

Who must be named in the lawsuit (not necessarily as petitioners)

Even though petitioners are the parties asking the court to act, you must identify and join — as defendants or named interested parties — everyone who holds a legal or equitable interest in the property. That typically includes:

• All record owners (all grantees on the deed, whether tenants in common or joint tenants).
• Mortgagees and holders of recorded liens (mortgages, mechanic’s liens, tax liens).
• Judgment creditors who have recorded an interest affecting the property.
• Heirs or devisees who claim an ownership interest through probate or intestacy.
• Anyone asserting an adverse or possessory interest (squatters, adverse possessors) if they claim an interest that could affect partition.

Why naming all interested parties matters

Partition divides the property and changes ownership rights. If a person with a legal or equitable claim is not joined, they could later challenge the partition. For that reason courts typically require that all persons with known interests be served and given notice so the court’s final order binds them.

Special ownership situations

• Joint tenancy vs. tenancy in common: Tenants in common may seek partition. If property is held in joint tenancy, severing the joint tenancy may be necessary before partition; the court will look to the deed and state law to determine the form of ownership.
• Tenancy by the entirety: If title is held by a husband and wife as tenants by the entirety (if applicable under New Hampshire law and the deed indicates that form), the spouse cannot unilaterally partition without the other spouse’s joinder or a court order addressing the spousal interest.
• Deceased owners and probate: If an owner died and title passed by probate, name the estate or the heirs/devisees now holding title. If the estate has not been closed, the executor or personal representative may be a necessary party.

Practical steps to determine who should be petitioners and who must be joined

1. Run a title search or review the deed chain to identify all record owners and recorded liens.
2. Check county land records for mortgages, assignments, and judgment liens.
3. Identify heirs, prior owners, and anyone in possession who claims an interest.
4. If any owners are minors, incapacitated, or under guardianship, involve their court-appointed representative.
5. If you cannot find an owner, the court may allow service by publication; you should still attempt to locate that person using due diligence.

Statutes and resources

New Hampshire law governs partition actions and party joinder under the Revised Statutes Annotated and the rules of civil procedure. You can review the relevant statutory framework and chapter listings at the New Hampshire General Court’s RSA page: https://www.gencourt.state.nh.us/rsa/html/. For practical information about filing civil actions and local court procedures, consult the New Hampshire Judicial Branch site: https://www.courts.state.nh.us/.

Because particulars matter (how title is held, recorded liens, probate status, and the identity and location of co-owners), missing or misnaming parties can delay or invalidate a partition. Correct joinder and accurate identification protect the court’s authority to divide the property and distribute proceeds.

Helpful Hints

• Gather documents first: deed(s), mortgage(s), title insurance, and any wills or probate documents that affect title.
• Identify all record interests: check the county registry of deeds for liens and assignments.
• Decide who should be petitioners: all owners who want partition can file together; a single owner can file alone and name others as defendants.
• Include mortgagees and lienholders as parties so their claims are preserved or addressed by the court.
• If an owner is missing, document good-faith efforts to locate them; courts often permit service by publication after due diligence.
• Consider alternatives: negotiation, buyout agreements, or mediation can avoid litigation costs.
• Appointing a surveyor or commissioner: courts often appoint a commissioner to value and divide property physically or supervise sale and distribution.
• Hire a real estate attorney: partition involves title issues, joinder rules, and local practice. An attorney can ensure proper parties are named and served and can advise whether partition or a buyout is the better route.