PARTITION OF REAL ESTATE

RSA tit. LVI, ch. 547-C

in effect

RSA 547-C:1 Parties.

547-C:1. Parties. Any person owning a present undivided legal or equitable interest or estate in real or personal property (hereinafter called "property"), not subject to redemption, or the holder of an equity of redemption shall be entitled to have partition or division in the manner hereinafter provided. If such interest or estate is in fee, he or she shall be entitled to partition or division in fee; if a life estate or a term for years, he or she shall be entitled to partition or division thereof to continue so long as his or her estate or interest endures. A life tenant, remainderman, or a tenant for years of whose term at least 20 years remains unexpired may, in the exercise of the court's equitable powers, have partition of the fee. The existence of a lease of the whole or a part of the property to be divided shall not prevent partition or division, but such partition or division shall not disturb possession of a lessee under a lease covering the interests of all the co-tenants. Source. 1992, 284:57. 2000, 232:1, eff. Jan. 1, 2001.

RSA 547-C:2 Petition.

547-C:2. Petition. A petition may be filed by such person in the superior or probate court in the county in which the property or any part of the property lies or is then located, particularly describing the property, the names of all owners or persons interested, if known, and the share or interest of the petitioner in the property and praying for partition or division of the property; provided, however, where there is a related pending matter in either court, jurisdiction for the related partition action shall lie with the court having jurisdiction over the underlying matter; and provided further that in any such case where the right to a trial by jury is guaranteed by the constitution and is claimed by any party, jurisdiction shall lie exclusively in the superior court. Upon petition or upon its own motion, the court may cause any property to be partitioned or divided and awarded or assigned in accordance with procedures described in this chapter. Nothing in this chapter is intended to abrogate common law or statutory authority of the superior and district courts to adjudicate issues of personal property between parties engaged in litigation before those courts. Source. 1992, 284:57. 2000, 232:2, eff. Jan. 1, 2001. 2008, 109:7, eff. July 27, 2008.

RSA 547-C:4 Owner Unknown.

547-C:4. Owner Unknown. If the persons interested in any such property with the petitioner are unknown, it shall be described in the petition in the same manner as is required in the case of taxing unimproved lands of nonresidents, specifying the share held by each petitioner, and stating that it is held with persons unknown. Source. 1992, 284:57. 2000, 232:4, eff. Jan. 1, 2001.

RSA 547-C:5 Notice.

547-C:5. Notice. The petitioner shall give notice to all persons interested in the property, by causing the petition and order of notice thereon to be served on each in the same manner that writs of summons are required to be served. Source. 1992, 284:57. 2000, 232:5, eff. Jan. 1, 2001.

RSA 547-C:6 Publication of Petition.

547-C:6. Publication of Petition. If any petitionee or his residence is unknown, or if petitionee resides out of the state and has not had personal notice, the court shall order publication of the petition and order of notice, and may fix the time of the last publication. Source. 1992, 284:57, eff. Jan. 1, 1993.

RSA 547-C:7 Additional Notice.

547-C:7. Additional Notice. If any petitioner is absent at the time of the service of the petition, and has not returned, and does not appear at the sitting of the court at which the petition is entered, it may be continued and further notice ordered. Source. 1992, 284:57, eff. Jan. 1, 1993.

RSA 547-C:8 Appointing Agents.

547-C:8. Appointing Agents. If any petitionee is a minor, or otherwise incapacitated to take care of his estate, partition shall not be made until a guardian or agent has been appointed. Such guardian or agent may be appointed by the court. Source. 1992, 284:57, eff. Jan. 1, 1993.

RSA 547-C:9 Petitionee-Owner Unknown.

547-C:9. Petitionee-Owner Unknown. If any petitionee is unknown the court may, in its discretion, appoint an agent to aid and advise in petitionee's behalf in making the partition or division. Source. 1992, 284:57. 2000, 232:6, eff. Jan. 1, 2001.

RSA 547-C:10 Trial of Issues.

547-C:10. Trial of Issues. Matters alleged in the petition may be denied or avoided by the petitionee by plea, and further proceedings may be had, and an issue of fact or of law made and tried, as upon a writ at common law or a bill in equity, and the court shall have full power to determine the respective interests of all the parties; or the petitionee may file a plea denying that the petitionee holds any part of the property with the petitioner, with a brief statement of matters in defense. Source. 1992, 284:57. 2000, 232:7, eff. Jan. 1, 2001.

RSA 547-C:11 Judgment for Partition.

547-C:11. Judgment for Partition. If the issue is determined in favor of the petitioner, or if after notice the petitionee does not appear, or if no sufficient objection is made, the court shall render judgment that partition be made, and shall by decree set off and assign to the petitioner or petitionee their shares according to their respective rights, titles, or interests, and award costs, as the court deems equitable and just. In so doing, with an appropriate pleading, the court may also quiet title in discharge or extinguishment of any right, title, or interest that may otherwise unlawfully or inequitably encumber or burden the real estate as fully and completely as a court of general equity may do. The court shall make such partition as it decrees by metes and bounds or other distinct description. The partition shall be recorded at the registry of deeds for the county where the real estate lies. Source. 1992, 284:57. 2000, 232:8, eff. Jan. 1, 2001.

RSA 547-C:17 Against Petitioner.

547-C:17. Against Petitioner. If on the trial of an issue involving property, as provided in RSA 547-C:10, it is determined that the petitioner has no share or interest in the property, or less than the petitioner claims, the petitionee shall recover the taxable costs of such trial. Source. 1992, 284:57. 2000, 232:10, eff. Jan. 1, 2001.

RSA 547-C:18 Failure to Enter, Etc.

547-C:18. Failure to Enter, Etc. If the petitioner fails to enter or prosecute his or her petition, costs shall be awarded in favor of all the petitionees upon whom service was made. Source. 1992, 284:57, eff. Jan. 1, 1993.

RSA 547-C:19 Petition.

547-C:19. Petition. If there is no dispute, a petition for partition shall be filed in the county where the property or the greater part thereof lies or is then located. The judge shall appoint a time and place of hearing on the petition. Source. 1992, 284:57. 2000, 232:11, eff. Jan. 1, 2001. 2008, 109:8, eff. July 27, 2008.

RSA 547-C:20 Notice.

547-C:20. Notice. Notice of the petition and hearing shall be given to all parties interested, by giving to each in hand, or leaving at their abode, an attested copy of the petition and order of notice, at least 14 days before the day of hearing, or by causing the same to be published. Source. 1992, 284:57, eff. Jan. 1, 1993.

RSA 547-C:21 Procedure.

547-C:21. Procedure. If on the hearing no sufficient objection appears, the court shall appoint guardians or agents for all minors or persons incapacitated, and agents for all persons unknown or out-of-state, interested in the property, and render judgment and award costs thereon, in the manner prescribed in this chapter. Source. 1992, 284:57. 2000, 232:12, eff. Jan. 1, 2001.

RSA 547-C:22 Unequal Division and Sale.

547-C:22. Unequal Division and Sale. Whenever property is so situated or is of such a nature that it cannot be divided so as to give each owner his or her share or interest without great prejudice or inconvenience, the whole or a part of the property may be assigned to one of them, the assignee paying to the others who have less than their share such sums as the court shall award or order. Source. 1992, 284:57. 2000, 232:13, eff. Jan. 1, 2001.

RSA 547-C:25 Sale.

547-C:25. Sale. When the proceedings are pending, if it is alleged in the petition that the property is so situated or is of such a nature that it cannot be divided so as to give each owner his or her share or interest without great prejudice or inconvenience and the court so finds, the court may order it to be sold and the proceeds from the sale to be divided among the owners according to their respective rights, titles, or interests, and may make all other orders that may be necessary to cause such sale and the distribution of the proceeds, as a court of equity may do in like cases. Source. 1992, 284:57. 2000, 232:14, eff. Jan. 1, 2001.

RSA 547-C:26 Distribution Deferred.

547-C:26. Distribution Deferred. When it appears that an owner not residing within the territorial limits of the United States of America or any territorial possession thereof would not have the benefit or use or control of such proceeds due them and that special circumstances make it desirable that delivery of such proceeds to them be deferred, the court may order that such proceeds be paid to the state to be invested by the state treasurer and handled subject to such further order as such court may enter; provided a reasonable fee, as allowed by the court, of the attorney for any such owner shall be considered a lien thereon and shall be paid by the fiduciary having such funds in charge to such attorney prior to payment to the state treasurer. Source. 1992, 284:57, eff. Jan. 1, 1993.

RSA 547-C:27 Further Notice.

547-C:27. Further Notice. If due notice to the petitionees has not been given, the court may continue the case and order such further notice of the pendency thereof as it may deem just, and when the order has been complied with it shall proceed with such division. Source. 1992, 284:57, eff. Jan. 1, 1993.

RSA 547-C:28 Mortgagees, Etc.

547-C:28. Mortgagees, Etc. No partition or division of property shall be avoided by any conveyance made by a petitionee after the entry of the petition therefor, nor by any conveyance or other disposition, unless duly recorded or effected at the date of such entry, nor by any mortgage, attachment or lien thereon, whenever made, nor by the death of either party; but the share or interest of each petitioner shall be set off in severalty, and be subject to all legal claims thereon, as if the claimant had been a party thereto. Source. 1992, 284:57. 2000, 232:15, Jan. 1, 2001.

RSA 547-C:29 Award.

547-C:29. Award. In entering its decree the court may, in its discretion, award or assign the property or its proceeds on sale as a whole or in such portions as may be fair and equitable. In exercising its discretion in determining what is fair and equitable in a case before it, the court may consider: the direct or indirect actions and contributions of the parties to the acquisition, maintenance, repair, preservation, improvement, and appreciation of the property; the duration of the occupancy and nature of the use made of the property by the parties; disparities in the contributions of the parties to the property; any contractual agreements entered into between the parties in relation to sale or other disposition of the property; waste or other detriment caused to the property by the actions or inactions of the parties; tax consequences to the parties; the status of the legal title to the property; and any other factors the court deems relevant. Source. 1992, 284:57. 2000, 232:16, eff. Jan. 1, 2001.

RSA 547-C:30 Construction.

547-C:30. Construction. Proceedings under this chapter shall be remedial in nature. The provisions of this chapter are to be liberally construed in favor of the exercise of broad equitable jurisdiction by the court in any proceeding pending before it. Source. 2000, 232:16, eff. Jan. 1, 2001. 2008, 109:9, eff. July 27, 2008.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-LVI-547-C.htmFetched: 10/20/2026