Detailed Answer

This section explains how a co-owner begins a partition action in New Mexico, what the court can do, and practical steps to prepare. The explanation assumes owners hold undivided interests (for example, tenants in common). This is an educational overview and not legal advice.

What is a partition action? A partition action is a lawsuit filed in district court that asks the court to divide real property among co-owners (partition in kind) or, if division is impracticable, to order sale of the property and split the proceeds (partition by sale). Under New Mexico law, any person who owns an undivided interest in real property can bring a partition action. See NMSA 1978, Chapter 42 (Article 6 on partition actions).

Where to file
File the action in the New Mexico district court in the county where the property is located. The district court handles partition cases and has authority to appoint officers (commissioners) and issue orders necessary to divide or sell the property.

Who to name as parties
Name every person or entity with a recorded ownership interest in the property (co-owners). Also join secured creditors (mortgage holders) and anyone claiming an interest by lien or judgment because those interests affect the court’s power and the sale proceeds.

Typical grounds and requests
The complaint usually: (1) describes the property; (2) explains each party’s interest; (3) asks the court to divide the property in kind if practicable; and (4) asks for a sale if division is impracticable. The complaint can also ask the court to appoint a partition commissioner to value, divide, or sell the property and to allocate costs and expenses among the parties.

Evidence and paperwork you should gather

• Deeds, title report, and chain of title showing each owner’s interest.
• Mortgage statements and other liens or encumbrances.
• Property tax bills and proof of payments.
• Any written agreements among owners (co-ownership agreements, buy-sell agreements, leases).
• Photographs, plats, surveys, and any documents showing how the property can be divided (if you will request partition in kind).

Early practical steps before filing

1. Talk to the other owners. Some disputes resolve if one owner buys out another or if co-owners agree to sell voluntarily.
2. Consider mediation. Courts often favor settlement; mediation can be quicker and cheaper than litigation.
3. Get a professional appraisal. If you plan to ask the court to divide or sell, an appraisal helps the court assess value and how to divide proceeds fairly.

Filing the complaint and immediate court options
After filing the complaint, you must serve it on all parties. If someone cannot be located, service by publication is sometimes allowed under court rules. The court can issue temporary orders to preserve the property: for example, restraining sale or transfer by any party, directing maintenance or insurance, or appointing a receiver where the property faces waste or neglect.

Partition in kind vs. partition by sale
The court will try to make a partition in kind if it is practical and equitable. If the property cannot be fairly divided (for example, because it is a single-family residence on a single parcel that cannot be subdivided legally or practically), the court will order a sale. When the court orders sale, it will typically appoint a commissioner to conduct the sale, set terms, and report back to the court. The court then confirms the sale and orders distribution of proceeds, subject to mortgages and liens.

Allocation of proceeds, costs, and lien priorities
Sale proceeds normally pay first for valid mortgages and liens, then for costs of the sale and court-appointed fees, and finally the remainder is divided among owners according to their interest share. The court can apportion costs, expenses, and improvements equitably if one owner contributed more to maintenance or to improvement of the property.

Timeline and likely duration
A partition action often takes several months to over a year, depending on: complexity of title, number of parties, whether sale requires marketing and confirmation, and whether appeals occur. Expect appraisal, possible partition commissioner proceedings, a sale process (if ordered), and final accounting.

Common complications to watch for

• Mortgages and secured creditors: lenders may need to be paid or agree to the sale terms.
• Unrecorded interests or family claims: may require additional proof or delay.
• Zoning or subdivision laws: may make physical division impossible.
• Tax consequences: sale or buyout could have capital gains or other tax implications.

Statutes and rules
New Mexico’s partition provisions are contained in the statutes governing property. See NMSA 1978, Chapter 42, Article 6 (partition). For the court’s procedural rules, consult the New Mexico Rules of Civil Procedure in district court matters. For the statutory text, see the New Mexico Legislature’s statute webpages: https://nmlegis.gov/Legislation/Statutes.

When to get an attorney
If title is complex, parties dispute value, liens exist, or you face potentially costly litigation, consult a New Mexico real property attorney. An attorney can draft the complaint, ensure proper service, advocate for temporary orders (to preserve value), represent you at commissioner hearings, and protect your share of proceeds. If you want an alternative to litigation, an attorney can negotiate buyouts or sale agreements and draft the required documents.

Disclaimer: This is general information about New Mexico partition law and is not legal advice. For advice about your specific situation, consult a licensed New Mexico attorney.

Helpful Hints

• Collect title documents and lien information before filing to avoid delays.
• Try a written buyout offer to co-owners — document everything in writing.
• Consider mediation early: it often reduces cost and preserves relationships.
• Get a current market appraisal so the court and parties have a neutral value estimate.
• Ask the court for temporary orders to prevent waste, sale, or transfer while the case proceeds.
• If one owner pays mortgages or taxes, keep detailed records — the court may reimburse or credit those contributions.
• Remember mortgages and liens take priority: sale proceeds must satisfy them before owners share net proceeds.
• Be realistic about costs: legal fees, appraisal, commissioner fees, and sale expenses reduce net recovery.
• Check local zoning and subdivision rules before requesting partition in kind; legal division of land may be restricted.
• Consult a New Mexico attorney early if title or lien priority is contested or if unknown heirs might exist.