Probate Attorney in Concord, NH
What are partitions?
When a person passes away, their property and assets are distributed according
to their will or state law. A partition action is filed when beneficiaries
wish to divide a property into individual shares. One may only partition
if they have a right to possession. Generally holders of an estate cannot
file for partition. For example, if a father dies, and leaves his house
to his three children, they now jointly own the house, and are in rightful
possession of the property. If one child wants to sell the house, and
the other two children wish to keep the house, the child who wants to
sell may file a partition. Unlike probate or estate litigation, a person
can always file for a partition. There is not a restricted timeframe,
and as long as a person has a share of the property, they may be able
to partition whenever they feel necessary, unless there are extenuating
circumstances. If you wish to partition a property, our Concord probate
litigation lawyer may be able to help.
New Hampshire Partitions
As stated above, only those who have possession of a property can sue for
partition. Probating a will is necessary in some states before one can
seek partition. This means that the estate must be settled before beneficiaries
can petition to split the property. The court may require a decree proving
that probate has been completed, and only then may beneficiaries file
for partition. There is statute of limitation when someone is excluded
from receiving the property, a major issue is preventing the partition
from taking place, the action is only to make improvements, the purpose
of the partition is to determine who is on the property title, or the
suit is filed to establish a right to the share. Partition claims in New
Hampshire are dealt with by the Superior Court or Probate Divisions of
the Circuit Court, and they can determine the interests of the parties
who co-own the property, as well as determine the best way to resolve
the partition.
Concord, NH Probate Litigation Lawyer
If you are in a dispute with other co-owners about a property, it may be
beneficial to contact a
probate attorney. We may be able to mediate, and resolve the property disagreement
before it escalates and needs to go to court. If you feel court may be
the only way to resolve the issue, our lawyers may be able to represent
you in court and assist you with the partition process. Call our firm today!