A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.
A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.
The New Hampshire Complaint for Partition of Real Property is a legal document that is filed when the co-owners of a property want to divide or sell the property, but cannot come to an agreement on how to do so. This complaint can be filed in the New Hampshire Superior Court. The purpose of the Complaint for Partition of Real Property is to request the court to intervene and determine how the property should be divided or sold. This is typically done when multiple individuals own a property as tenants in common, joint tenants, or in any other form of shared ownership. The document begins with the identification of the plaintiff, who is the person filing the complaint, and the defendant, who is one or more of the co-owners of the property. It also includes details about the property, such as its legal description, address, and any improvements or structures on the land. The complaint then outlines the plaintiff's claim for partition, explaining why the property should be divided or sold. It may mention issues such as disputes over the use of the property, inability to agree on maintenance or repairs, or conflicts over the value of the property. Additionally, the document may explain the different types of partition available under New Hampshire law. These may include: 1. Partition in Kind: This is when the property is physically divided, allowing each owner to obtain their specific portion. However, this option is not always feasible, especially if the property cannot be easily divided. 2. Partition by Sale: This is the most common form of partition. The court orders the property to be sold, and the proceeds are divided among the co-owners according to their ownership percentage. 3. Partition by Allotment: This option involves dividing the property into separate portions, with each co-owner receiving specific parcels. It is often used when the property has distinct sections, such as multiple buildings or plots of land. After outlining the desired form of partition, the complaint will typically include a request for relief, seeking the court's intervention and a judgment on the matter. The plaintiff may also request costs associated with the legal action and any other relief deemed appropriate by the court. In conclusion, the New Hampshire Complaint for Partition of Real Property is a legal document that allows co-owners of a property to seek the court's intervention in dividing or selling the property. It encompasses various types of partition, including partition in kind, partition by sale, and partition by allotment. Whether the co-owners cannot agree on the property's division or wish to sell it, filing this complaint is an essential step to resolve any disputes and determine the fate of the real property.
