Partition Proceeding
Resolving Co-Ownership Disputes Through Partition Proceedings in New York
When multiple individuals share ownership of a property in New York and cannot agree on its use or disposition, a partition action can provide a solution. This legal proceeding allows co-owners to divide their interests in the property, either by physical division or sale.
Partition actions in New York are governed by Article 9 of the Real Property Actions and Proceedings Law (RPAPL). This law provides joint owners with a remedy to seek division of the jointly owned property.
How to Start a Partition Action
To initiate a partition action, a lawsuit (summons and complaint) must be filed in New York State Supreme Court.The complaint must:
- Describe the property with reasonable certainty
- Specify the rights, shares, and interests of each party
- State whether the parties own any other properties in common
- Identify any unknown or uncertain parties or interests
After filing, the court will review the case and determine whether the property can be divided physically, or, as is most comment, that it should be sold with the net proceeds divided among the co-owners. It is possible to request the Court allow a sale by a qualified real estate agent in order to get the most money out of the property. The Court can consider certain things mortgage payments, tax payments, rents received, renovations, etc. in determining how the proceeds should be divided equally.
One of the best things about partition actions is there is very rarely a defense.In most cases, if the co-owners do not agree, the Court has no choice but to allow the forced sale.
If you’re a co-owner of a property in New York struggling to come to an agreement with your fellow owners, a partition action may be the solution you need. By understanding the process and requirements, you can take the first step towards resolving the dispute and moving forward with your life. Consult with a qualified and experienced litigation attorney who understands this process and can negotiate and pivot as necessary on your behalf. The litigation attorney will discuss your options and determine the best course of action for your specific situation.
You can learn more about Partition Proceedings: How to Resolve Co-Ownership Disputes here.
Contact J&G Law to start a Partition Proceeding in Litigation
For more information, contact us at the law firm of J&G Law to talk with a partition proceeding litigation attorney about your specific matter in New York. Call us to schedule a consultation at 845-764-9656.
