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!

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Hebert & Dolder PLLC - Concord Business Lawyer

Concord Office:
95 N State St,
Concord, NH 03301.
Phone: (603) 259-7061.
Fax: (603) 580-2072
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