Detailed Answer

When multiple people inherit the same piece of real property in New Mexico, the usual legal status is that they become co-owners (most commonly tenants in common). Each co-owner has an equal right to possess the whole property, but none can exclude the others without a court order. If one heir moves into the property and refuses to leave or to agree to sell, the other co-owners have several options under New Mexico law. This answer explains those options, how they work in practice, and what to expect from the courts.

1. Figure out legal ownership and the probate status

First, review how title passed. If the decedent owned the property in joint tenancy with right of survivorship, the survivor may hold title outright and the other heirs might not have a claim. If the property passed through probate or by deed to multiple heirs, they are likely tenants in common. If the estate is not yet fully administered, the personal representative may still control sale or possession under the probate court’s authority. Confirming title and the probate status is the essential first step.

2. Try voluntary resolution first

Courts favor voluntary resolution. Common options are:

• Negotiate a buyout so one or more heirs buy the occupant’s share based on an appraisal.
• Agree on a sale of the property and split proceeds proportionally.
• Formally lease the property to the occupant and require rent to be paid to the co-owners or into a joint account or escrow.
• Use mediation to create a binding plan for sale, buyout, or occupancy terms.

3. File a partition action in district court

If negotiations fail, New Mexico law allows a co-owner to file a partition action in district court to force physical division of the land or sale and division of proceeds. In a partition case the court can:

• Order a partition in kind (physically divide the property) if it is practical to do so.
• If a fair physical division is not practical, order a partition by sale and divide the net proceeds among the co-owners according to their ownership shares.
• Appoint a commissioner or referee to sell the property and handle distribution.

A partition action is the primary legal tool to resolve deadlocks among co-owners who cannot agree.

4. Possession and rents while the case is pending

Because each co-owner has a right to possess the whole property, a co-owner who lives there is not automatically a trespasser. However, other co-owners can ask the court for temporary relief. Possible remedies include:

• A temporary order requiring the occupant to pay fair rent to the other owners while they occupy the property (an accounting for use and occupation, often called mesne profits).
• Appointment of a receiver to take control of the property, collect rents, maintain it, and preserve value for all owners during litigation.
• In extreme cases, an order changing who has possession, but courts are often reluctant to eject a co-owner without careful consideration of equitable factors.

5. Costs and outcomes from court

Partition suits cost time and money. The court generally orders the sale or division and distributes proceeds after paying liens, taxes, sale costs, and possibly attorneys fees. The party who forced the partition may be required to cover certain costs, and the court may award attorneys fees or costs based on the equities of the case. Partition sales are usually public and can result in a sale even if one owner strongly objects.

6. Other legal routes (where applicable)

There are additional remedies in limited circumstances:

• If the occupant is excluding others and claiming exclusive ownership or charging rent without accounting, co-owners can seek an accounting for rents and profits.
• If the occupant committed waste (damage that substantially lowers value), the court can order damages or repairs.
• If the occupant is not an owner (for example, a non-heir squatter), an ejectment action or eviction could be appropriate; but if the occupant is an heir, eviction law does not replace partition remedies.

Practical example

Suppose three siblings inherit a house in New Mexico as tenants in common. One sibling moves into the house and refuses to sell or to allow the others to use the property. The other two siblings can first ask for a buyout or propose a sale. If the occupant refuses, they can file a partition action in district court asking for a sale and division of proceeds. While the case proceeds, the court could require the occupant to pay rent to the estate or appoint a receiver to manage the property. At the end, the court will either divide the land (if feasible) or order a sale and split the net proceeds.

Where to find New Mexico statutes and court resources

For statutory text and procedural rules you can consult the official New Mexico legislative and court resources:

• New Mexico Statutes, legislative service: https://www.nmlegis.gov/lcs/statutes/
• New Mexico Courts official website and self-help pages: https://www.nmcourts.gov/

Important next steps

Because facts affect the right answer, take these steps:

1. Obtain a current title report or deed to confirm ownership shares and whether there are liens or mortgages.
2. Check probate records to see whether the estate is still open and who the personal representative is.
3. Get a professional appraisal or comparative market analysis to value the property for buyout or sale proposals.
4. Consider mediation before litigation to save costs and preserve family relationships.
5. Consult a New Mexico attorney experienced in probate and real estate litigation for tailored advice and to explain timelines and likely costs.

Disclaimer: This article explains general legal concepts under New Mexico law and is for educational purposes only. It does not constitute legal advice, and you should consult a licensed attorney before taking action.

Helpful Hints

• Document everything in writing: ownership documents, communications offering buyouts, and any requests for rent or repairs.
• Keep evidence of who has paid mortgage, taxes, utilities, and maintenance; courts consider contribution when dividing sale proceeds.
• Get an appraisal early so you can make informed buyout or sale proposals.
• Try mediation first; courts often encourage settlement and it usually costs far less than a partition suit.
• If you need immediate relief (for example to stop waste or preserve value), speak to an attorney about temporary emergency motions in district court.
• Remember that eviction rules differ from partition: if the occupant is an heir, eviction is rarely the correct path without a court determination of ownership rights.
• Ask whether the property qualifies as heirs property under any special statute or program which may affect partition procedures and protections; a lawyer can advise on these issues.