Partition actions can be a key legal remedy for co-owners of property in New York who can no longer agree on how to manage or sell their jointly owned real estate. If you find yourself in a spot where co-ownership has become hard to handle, knowing about partition actions can help you deal with the tricky parts of solving such fights.
What is a partition action?
When property co-owners can’t agree on how to use or sell their shared real estate, they can turn to a partition action. Under New York law, any co-owner can start a partition action, whether the property exists as joint tenants or tenants in common.
Types of partition
In New York, there are two main types of partition:
- Physical partition: This means splitting the property into clear parts, each owned by the co-owners. But this often doesn’t work well, especially in cities where dividing properties is challenging.
- Partition by sale: More often, the court orders the sale of the property and divides the money among the co-owners based on their shares.
Knowing these types can help you decide your case’s best move.
The legal process
The steps of a partition action include:
- Filing the complaint: One co-owner files a complaint in the proper court, asking for partition of the property.
- Court proceedings: The court considers the case, considering whether physical partition can work and what’s best for all parties involved.
- Interlocutory judgment: If the court thinks partition is correct, it issues an interlocutory judgment saying how to divide or sell the property.
- Sale and distribution: If the court orders a sale, it sells the property and shares the money among the co-owners.
These steps ensure a fair and legal fix to co-ownership fights.
Legal help
Partition actions can be a good way to resolve co-ownership disputes in New York. If you have any questions or need more information, consider contacting a lawyer to explore your options.