New Hampshire and Massachusetts

When two unmarried people co-own real property and wish to terminate their shared ownership, they can file a Petition to Partition asking the court to facilitate the equitable division of their property. The judge can order the creation of multiple individually owned properties, that one co-owner purchase the other owner’s interest in the property, or that the parties sell the property and divide the proceeds between them.

Lydon Law represents people in partition proceedings throughout New Hampshire and Massachusetts. Our lawyers are skilled and talented litigators who do not back down from a fight. But our years in practice have also taught us that in many situations, a negotiated resolution is often best for all involved.

If you have questions about real estate partition in New Hampshire or Massachusetts, contact Lydon Law today to schedule a confidential, no-obligation appointment to discuss your situation and how we can help.

What Is a Petition to Partition Property?

In New Hampshire and Massachusetts, unmarried co-owners of jointly-held real estate can file a Petition to Partition Property to divide their co-owned property. When feasible, the judge can divide the property and award each co-owner a portion of the property. When physical division of the property is impossible without significant prejudice or inconvenience, the court can order one co-owner to purchase the other owner’s interest in the property or order a sale of the entire property and divide the proceeds between the co-owners.

What Factors Do Judges Consider in a Petition to Partition Property?

When property owners file a Petition to Partition, the court has significant discretion in determining what factors to consider and how to weigh them. Common factors that New Hampshire and Massachusetts judges consider include:

  1. Financial Contributions. The court will evaluate each party’s financial contributions toward acquiring the property, including the down payment, mortgage payments, and ongoing maintenance expenses. A larger investment generally leads to a larger share of equity.
  2. Non-Financial Contributions. The court can also consider non-financial contributions, such as property upkeep, renovations, and improvements that enhance the property’s value.
  3. Other Contributions. One partner may have contributed to the relationship in another way, such as by being the primary caretaker of a child or paying other joint bills.
  4. History of Ownership. The court can consider prior ownership of the property, such as if the property was owned by one partner before the other partner’s name was added to the deed, or if the down payment for the property was a gift from one partner’s family.
  5. Ownership Agreements. The court can consider contracts or other written agreements regarding ownership of the property, such as a cohabitation agreement or a contract that specifies the distribution of equity in the property in the event of a separation.
  6. Duration of Ownership. The court can consider how long each person owned or resided in the property, with preference generally given to the partner who owned the property longer.
  7. Future Living Arrangements. The court may also consider each partner’s financial situation and housing needs, including child custody arrangements, stability of employment, and the ability to secure alternative housing.

Property division in a Petition to Partition will not necessarily be equal. Instead, the court will seek to make an equitable division of property consistent with principles of justice based on its consideration of all relevant factors.

Do I Need a Lawyer for a Petition to Partition Property?

Division of real property can be complicated, and you will benefit from working with our experienced attorneys. We can protect your financial interests by ensuring a fair appraisal and distribution, that all legal documents are accurately prepared and filed properly, and by assisting in negotiations with co-owners, thereby increasing the likelihood of an amicable resolution without a court order. When litigation is the only option, we have the skills and experience to provide expert representation in court.

How Lydon Law Can Help

Successfully navigating a Petition to Partition can be complex, challenging, and emotionally fraught. Lydon Law can protect your rights and help ensure a fair and equitable result. Our lawyers approach every case with care and compassion as we seek to create an optimal solution to best serve your needs.

Contact Lydon Law Today

Contact Lydon Law today to schedule a confidential appointment to discuss your situation and how we can help.