Partition-for-Sale in New Mexico: How to force sale when some siblings refuse

Disclaimer: I am not a lawyer. This article explains general New Mexico law for educational purposes only and is not legal advice. Consult a licensed New Mexico attorney about your specific situation.

Detailed Answer — How to file a partition-for-sale suit in New Mexico

If you and your siblings inherited real property and one or more co-owners (even a minority) refuse to sell, New Mexico law allows a co-owner to ask a court to divide the property or order its sale. A partition action is the usual route. Below are the key concepts and a step-by-step roadmap under New Mexico law.

Key legal principles

Any co-owner of real property may bring a partition action in New Mexico district court. The action forces either a physical division (partition in-kind) or, if division is impractical, a partition by sale.
Courts prefer partition in-kind when the property can be fairly divided; if division materially prejudices owners (for example, the land cannot be divided without destroying its value or uses), the court can order a sale and divide proceeds.
A minority of co-owners cannot block a partition; the court has the authority to order a sale over their objections.

Statutes and official sources

Partition and related property rules are governed by New Mexico statutes and court procedure. For a general starting point, see New Mexico Statutes — Chapter 40 (Property):
https://www.nmlegis.gov/Legislation/Statutes/Chapter?Chapters=40.
You will file a civil action in the appropriate district court for the county where the real property sits (see the New Mexico Courts site):
https://www.nmcourts.gov/district-courts/.

Step-by-step: Filing and prosecuting a partition-for-sale case

Confirm ownership and shares. Obtain copies of the will, probate order (if applicable), deeds, and title report. Identify all co-owners and the percentage interests each owns.
Try an out-of-court resolution first. Offer to buy out dissenting owners, propose a negotiated sale, or use mediation. Courts and judges often encourage settlement and a buyout can be faster and cheaper than litigation.
Prepare the complaint for partition. If settlement fails, prepare a civil complaint (petition) for partition in the district court where the property is located. The complaint typically must state: description of the property, names and addresses of all co-owners and lienholders, each owner’s interest, and the relief requested (partition in-kind or partition by sale).
Name all necessary parties and lienholders. Include every co-owner and any person or entity with a recorded lien (mortgage, judgment lien, tax lien). Failing to include required parties can delay or invalidate the action.
File the complaint and pay court fees. File in the county district court where the land is located. The court will issue summonses for service of process on the defendants (co-owners and lienholders).
Serve parties. Proper service is crucial. Serve all co-owners and lienholders according to New Mexico rules of civil procedure. If someone cannot be personally served, the court may permit service by publication after certain steps.
Court proceedings and valuation. The court may set hearings. Expect the court to consider appraisals, evidence about whether the land can be divided without prejudice, and claims about improvements, rents, or debts affecting shares. Appraisals help determine fair division or sale price.
Partition in-kind vs. sale. If the court finds the land can be equitably divided among co-owners, it may order an in-kind partition. If division is impractical or would substantially decrease value, the court can order a partition by sale.
Appointment of a commissioner or special master. For a sale, the court typically appoints a commissioner or special master to sell the property (often at public sale). The commissioner handles marketing, sale terms, and reporting results to the court.
Sale procedure and distribution of proceeds. The property sells (often at public auction or private sale with court approval). The court applies sale proceeds to pay liens, sale costs, taxes, and any court-ordered expenses, then divides the remainder among co-owners according to their shares. The court’s order finalizes the distribution and clears title.
Right to be bought out. Sometimes the court will permit a co-owner to buy the property at the appraised value or at a court-approved bid before public sale (depending on the circumstances). Discuss potential buyouts early with opposing owners.

Practical items to prepare before you sue

Clear copies of deeds, wills, probate documents, and recent utility or tax bills.
Title report or preliminary title search showing liens and ownership chain.
One or more professional appraisals to establish fair market value.
Accounting of rents, expenses, mortgage payments, or improvements made by any co-owner (to seek credit or reimbursement).

Possible outcomes and risks

The court orders an in-kind partition (if feasible) — the land is physically divided and each owner gets a parcel matching their share.
The court orders a sale — the property is sold and proceeds distributed. A minority cannot prevent this result if division is impractical.
Costs and fees: litigation, appraisals, commissioner fees, and possibly attorneys’ fees can reduce the net proceeds. Successful litigation does not guarantee a high net recovery when costs are large.
Credit for improvements and reimbursement claims can adjust each party’s final share; liens and mortgages get paid from sale proceeds first.

Helpful Hints

Start with good communication: a written buyout offer or mediation can save time and money.
Get a title report early to identify all lienholders you must name in the lawsuit.
Order at least one independent appraisal before filing; the court will rely on credible valuation evidence.
Consider temporary relief: if co-owners are damaging the property or withholding income, ask the court for an accounting or temporary injunction to protect the asset during litigation.
Be realistic about costs: if the property has low market value relative to litigation expenses, a negotiated sale may be more practical.
Document expenses, payments, and improvements made by any co-owner to support claims for credit or reimbursement at distribution.
If a co-owner cannot be located, the court may allow service by publication — but that takes extra time and steps; consult counsel about proper procedure.
Consult a New Mexico real property attorney early to: confirm the best forum, prepare pleadings, ensure all parties and liens are named, handle service issues, and represent you at hearings or sale proceedings.

For more about New Mexico district courts and local filing rules, visit the New Mexico Courts site:
https://www.nmcourts.gov/district-courts/.

For statutory guidance on property topics in New Mexico, see Chapter 40 of the New Mexico Statutes:
https://www.nmlegis.gov/Legislation/Statutes/Chapter?Chapters=40.

If you want, I can outline a sample complaint checklist tailored to your facts, list typical documents to gather for a title search, or provide a short script to propose a buyout to your siblings.