Legal Question in Real Estate Law in New Hampshire
Partition For Sale of Tenants In Common property
If a petition for partition is filed in court, does the decision to force sale always done by auctioning the property if a sale is ordered by the court or is there recourse?
1 Answer from Attorneys
Re: Partition For Sale of Tenants In Common property
The sale may be by agreement of the parties or by order of the court. It is clearly to the advantage of both parties to get the most money possible from the sale. Auction is generally the last choice, unless it is an extremely attractive property. Often, the court will appoint a commissioner to sell the property and that person will generally deal through a broker.
As with any legal matter, you should have the particular facts of your case reviewed by an attorney before making any major decision.
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