Partition Action Complaint - New Hampshire

NEW HAMPSHIRE PARTITION ACTION — PETITION FOR PARTITION OF REAL ESTATE

PART 1 — VERIFIED PETITION FOR PARTITION

THE STATE OF NEW HAMPSHIRE

☐ [____________________] COUNTY SUPERIOR COURT
☐ [____________________] CIRCUIT COURT — [____________________] PROBATE DIVISION

Docket No.: [____________________]

PETITION FOR PARTITION OF REAL ESTATE
(RSA 547-C:1 et seq.)

Petitioner [PETITIONER NAME], by and through undersigned counsel, respectfully represents:

I. PARTIES

1. Petitioner [PETITIONER NAME] is an individual / [entity type] residing at / with a principal place of business at [____________________________________].

2. Respondent [RESPONDENT NAME] is, upon information and belief, an individual / [entity type] residing at / with an address of [____________________________________].

3. ☐ Additional Respondent [RESPONDENT NAME] is [____________________________________].

4. Pursuant to RSA 547-C:1, a person with a present undivided legal or equitable interest or estate in real property not subject to redemption, or the holder of an equity of redemption, may seek partition, subject to that section's rules for the duration and nature of the interest. All persons owning or claiming an interest in the Property are joined as parties. Owners whose identities or whereabouts are unknown are addressed under RSA 547-C:4 and :9.

II. JURISDICTION AND VENUE

5. This Court has jurisdiction over this petition for partition pursuant to RSA 547-C and its equity jurisdiction. The Superior Court and the Circuit Court — Probate Division share concurrent jurisdiction over petitions for partition of real estate.

6. Venue is proper because the real estate that is the subject of this petition is situated in [____________________] County, New Hampshire.

III. THE PROPERTY

7. This petition concerns the real estate located in [____________________] County, New Hampshire, commonly known as:

Street Address: [____________________________________]
City/Town: [____________________], New Hampshire [__________]
Tax Map / Lot No.: [____________________________________]

8. The legal description of the Property is:

☐ See Exhibit A (legal description), attached and incorporated by reference.

☐ [____________________________________________________________]

IV. NATURE OF TITLE AND COTENANCY INTERESTS

9. The Property is held by the parties as:

☐ Tenants in common, pursuant to that certain [deed / decree of distribution / instrument] dated [__/__/____], recorded [__/__/____] at the [____________________] County Registry of Deeds, Book [_______], Page [_______].

☐ Joint tenants with right of survivorship.

☐ Other: [____________________________________].

10. The respective present undivided interests of the parties in the Property, so far as known to Petitioner, are:

V. ENTITLEMENT TO PARTITION

11. Petitioner owns a present undivided interest in the Property meeting RSA 547-C:1's eligibility conditions, including the applicable redemption and estate limits, and seeks partition under that section.

12. Petitioner and Respondents cannot agree upon the use, management, or disposition of the Property, and Petitioner no longer wishes to hold the Property in cotenancy. There is no valid agreement or other impediment barring Petitioner's right to partition.

VI. MANNER OF PARTITION — IN KIND, ASSIGNMENT, OR SALE

13. ☐ Partition in kind. The Property can be physically divided among the cotenants according to their respective interests without great prejudice or inconvenience, and Petitioner requests judgment for partition in kind under RSA 547-C:11.

14. ☐ Assignment to one owner. The Property is so situated that dividing it would cause great prejudice or inconvenience; Petitioner requests that the whole be assigned to one party who shall pay the other(s) a fair and reasonable sum under RSA 547-C:22.

15. ☐ Partition by sale. The Property cannot be divided in kind without great prejudice or inconvenience, and assignment to one owner is not practicable; Petitioner requests that the Court order a sale of the Property under RSA 547-C:25 and an equitable division of the net proceeds.

VII. EQUITABLE ACCOUNTING AMONG COTENANTS

16. Petitioner requests that, in fashioning an equitable division, the Court account for and adjust the following items among the cotenants, to be charged or credited against each cotenant's share of the Property or sale proceeds:

a. ☐ Payments of real estate taxes advanced by a cotenant: $[____________];
b. ☐ Mortgage principal, interest, and escrow payments advanced by a cotenant: $[____________];
c. ☐ Insurance premiums advanced by a cotenant: $[____________];
d. ☐ Reasonable and necessary repairs, maintenance, and improvements relative to the acquisition, maintenance, repair, and improvement of the Property: $[____________];
e. ☐ Rents, profits, or reasonable rental value collected or owed by a cotenant in sole or exclusive possession (including offsets for ouster of a cotenant): $[____________];
f. ☐ Owelty (equalizing payment) necessary to make an in-kind partition just and proportionate to the parties' interests: $[____________];
g. ☐ The amount of time the parties occupied the Property and the nature of their use, and any damage or detriment caused to the Property: [____________________________________];
h. ☐ Other relevant factors: [____________________________________].

17. Petitioner requests that the Court determine these contributions and offsets and adjust the parties' shares accordingly.

VIII. JURY DEMAND

18. ☐ Petitioner demands a trial by jury on all issues so triable.

IX. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that the Court:

A. Determine and adjudge the respective interests of all parties in the Property;

B. Enter judgment for partition pursuant to RSA 547-C:11 and order partition of the Property in kind among the cotenants according to their respective interests if it can be made without great prejudice or inconvenience;

C. If partition in kind cannot be made without great prejudice or inconvenience, assign the whole Property to one party upon payment of a fair and reasonable sum to the other(s) under RSA 547-C:22, or order a sale of the Property under RSA 547-C:25 and an equitable division of the net proceeds;

D. Make an equitable accounting among the cotenants for taxes, mortgage payments, insurance, improvements, rents and reasonable rental value (including ouster offsets), owelty, and the parties' respective contributions and uses, and charge or credit each cotenant's share accordingly;

E. Provide for the protection of mortgagees and other lienholders as required by RSA 547-C:28;

F. Award costs and such fees as the Court deems equitable; and

G. Grant such other and further relief as the Court deems just and equitable.

Dated: [__/__/____]

Respectfully submitted,

[____________________________________]
[ATTORNEY NAME]
NH Bar No.: [__________]
[FIRM NAME]
[Address]
[Phone] | [Email]
Attorney for Petitioner

PART 2 — VERIFICATION

STATE OF NEW HAMPSHIRE
COUNTY OF [____________________]

I, [PETITIONER NAME], being duly sworn, depose and state: I am the Petitioner in the above-captioned matter; I have read the foregoing Petition for Partition; and the facts stated therein are true to the best of my knowledge, information, and belief.

[____________________________________]
[PETITIONER NAME]

Sworn to and subscribed before me this [__] day of [__________], 20[__].

[____________________________________]
Justice of the Peace / Notary Public
My Commission Expires: [__/__/____]

PART 3 — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Petition for Partition was served upon the following parties by the method indicated, consistent with the notice requirements of RSA 547-C:5 through :7:

[____________________________________]
[ATTORNEY NAME / SERVER]

PART 4 — EXHIBIT INDEX

SOURCES AND REFERENCES

• RSA chapter 547-C — Partition of Real Estate: https://law.justia.com/codes/new-hampshire/title-lvi/chapter-547-c/
• RSA 547-C:1 (Parties): https://law.justia.com/codes/new-hampshire/title-lvi/chapter-547-c/section-547-c-1/
• New Hampshire General Court — RSA 547-C: http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LVI-547-C.htm
• Uniform Law Commission — Partition of Heirs Property Act (status of state enactments): https://www.uniformlaws.org/committees/community-home?CommunityKey=50724584-e808-4255-bc5d-8ea4e588371d

END OF NEW HAMPSHIRE PARTITION ACTION TEMPLATE