Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under New Mexico law, co-owners of real property may compel a forced sale through a partition action. Chapter 42, Article 7 of the New Mexico Statutes Annotated grants any joint owner the right to file a lawsuit seeking either a physical division (partition in kind) or a sale and division of proceeds (partition by sale).
First, a co-owner files a complaint for partition in the district court where the property lies. The court issues summons and gathers all parties with an ownership interest. Next, the court appoints commissioners or referees to inspect the property and prepare a report on whether a fair physical division is practicable.
If the commissioners find that dividing the land would impair its value or prove inequitable, the court may order a sale instead of division. Under NMSA 1978, § 42-7-7 (Sale Instead of Division), the court directs a public auction. The sale proceeds go into the court registry, and each co-owner receives a share proportional to their ownership interest.
This process ensures transparency and fairness. The court supervises notices, appraisal, sale, and distribution of funds. Any party may request an accounting of costs before final distribution. By statute, the court may tax costs and compensation for commissioners to the losing or non-prevailing party.
Helpful Hints
- Collect deeds, title reports, and evidence of your ownership percentage.
- Consider a voluntary partition agreement before suing to save time and costs.
- Understand that partition in kind may reduce value if the land is hard to divide.
- Be prepared to pay filing fees, appraisal costs, and commissioner fees.
- Attend all hearings and comply with court-ordered timelines to avoid delays.
- Explore mediation or settlement to resolve disputes without a forced sale.