Legal Question in Landlord & Tenant Law in New Hampshire

joint tenenacy/force of sale

My question is a few in one...

Essentially, can one owner who wants to keep a home do ANYTHING against those co-owners that want to sell? ?

A property is owned equally, three ways in NH. They are joint tenants. Can one or two of the persons force a sale? If so, would that develop into a partition hearing? Can you defend against that if it is two ''against'' one? Thank you


Asked on 1/21/08, 7:23 pm

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

Re: joint tenenacy/force of sale

The short answer is, "yes." One joint tenant may file a petition in Equity to partition the real estate. In the event it can not be divided, the Court has the authority to order a sale of the property and an appropriate division of the profits. This is a somewhat complex area of the law and you would be well advised to consult with an attorney who could review all of the facts and circumstances. There are many gaps in the limited data you provided in your questions.

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Answered on 1/22/08, 7:43 am


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