Detailed answer — step-by-step under New Mexico law

1. Confirm ownership, interests, and encumbrances

Start by reviewing the deed(s) to the farmland to learn who holds title and in what form (tenancy in common, joint tenancy with right of survivorship, trust, LLC, etc.). Also pull a current title report or perform a title search to identify mortgages, tax liens, easements, leases, conservation restrictions, and other encumbrances. Those encumbrances affect whether and how the land can be divided or sold and how sale proceeds get distributed.

2. Try voluntary resolution first (recommended)

Courts prefer parties to resolve these disputes privately. Options include:

• One co-owner buys out the others at an agreed price.
• Owners swap interests so each ends up with defined parcels (survey and boundary adjustments may be needed).
• Entering a buy-sell or co-ownership agreement that governs future disputes.
• Mediation or collaborative negotiation to avoid litigation costs and delay.

3. When negotiation fails: file a partition action in District Court

If co-owners cannot reach an agreement, any co-owner may file a civil complaint asking the District Court for partition of the property. In New Mexico this is a civil remedy handled by the state district courts (see New Mexico courts and statute resources below). The complaint should identify the property, the parties and their respective ownership shares, and the relief requested (partition in kind or sale).

After filing, defendants (co-owners and interested lienholders) must be served. The court will schedule proceedings under the Rules of Civil Procedure and local court rules.

4. Court process: valuation, discovery, and commissioners

Key elements of the partition case include:

• Discovery and evidence on ownership shares, encumbrances, leases, and location of improvements.
• Market valuation. The court often orders appraisals or appoints neutral appraisers to determine fair market value.
• Appointment of commissioners or referees. The judge can appoint commissioners to inspect the land and recommend whether an in-kind division is practicable and how to divide it.
• Consideration of family or governmental interests (e.g., conservation easements, state/federal programs) that may limit options for division.

5. Partition in kind vs. partition by sale

The court will choose between:

• Partition in kind (division): physically dividing the land into separate parcels so each owner receives a portion roughly equal in value to their ownership share. This is preferred when the property can be divided without significant prejudice to any co-owner.
• Partition by sale: ordering a sale (usually at public auction or court-directed sale) when physical division is impractical or would significantly reduce value. Proceeds are allocated to owners according to their ownership interests after paying costs, mortgages, taxes, and liens.

6. Court-ordered sale mechanics

If the court orders sale, expect steps such as:

• Setting sale terms (auction method, upset price, minimum bids).
• Public notice requirements and scheduling the sale.
• Payment of mortgage liens, judgments, taxes, sale costs, and attorneys’ fees as directed by the court.
• Distribution of net proceeds based on each owner’s share.

7. Mortgages, liens, leases, and third-party rights

Liens (like mortgages) usually must be paid from sale proceeds in order of priority. Tenants or parties with valid leases or easements may have rights that survive a sale; check lease terms and county recordings. If a co-owner has a lien (e.g., a judgment), that lien may be satisfied from that owner’s share of proceeds.

8. Timeline and costs

Partition litigation often takes several months to years, depending on disputes over valuation, surveys, and whether appeals are filed. Costs include court fees, appraisals, surveys, commissioner fees, advertising for sale, and attorneys’ fees. Expect thousands in costs for contested cases; simple consensual partitions cost significantly less.

9. Tax and practical consequences

A sale can trigger capital gains tax and change how farmland is assessed for property taxes. A partition in kind could affect farm operations, irrigation, roads, and access. Talk to a tax advisor and a surveyor early in the process so you understand the financial and practical impacts.

10. Appeals and final decree

Parties dissatisfied with the trial court’s decision can appeal under applicable appellate rules. After all proceedings, the court issues a final decree distributing title or proceeds and directing the sheriff or court officer to convey the property or disburse funds.

Legal resources and statutes (New Mexico)

New Mexico handles partition as a civil court remedy. For statutory language and court procedures, consult the New Mexico Statutes and the New Mexico Courts site:

• New Mexico Legislature – statutes and searchable law: https://www.nmlegis.gov/
• New Mexico Courts – information and self-help resources: https://www.nmcourts.gov/
• New Mexico Compilation Commission (official statute publisher) — public gateway for NMSA 1978: https://public.nmcompcomm.us/

When you or your attorney locate the specific partition statutes and civil procedure sections relevant to your case, review them closely and follow local court rules.

Helpful hints for owners of co-owned farmland in New Mexico

• Before filing suit, get a current title report and a written summary of all encumbrances.
• Obtain at least one professional appraisal and a land survey to inform negotiations or court valuation.
• Document farm operations (leases, crop-share agreements, improvements) because courts consider ongoing uses when evaluating division options.
• Explore mediation. Courts often encourage or require attempts to mediate before trial.
• Consider partial buyouts or phased agreements if full division is impractical—this can preserve family relationships and farming operations.
• Check for conservation easements, government programs, or water-right issues that limit your ability to subdivide.
• Talk to a tax advisor early to understand income and property tax consequences of a sale or partition.
• Consult a New Mexico-licensed real property attorney for pleadings, strategy, and court representation. DIY litigation in this area is often costly and risky.
• If a co-owner is missing, a careful service and possible service-by-publication strategy will be necessary to avoid later challenges to the partition.