Detailed Answer — How a partition action works in New York
This section explains, in plain language, what a partition action is and the typical steps to either force the sale of real property or have a co‑owner buy you out under New York law. This is educational information only and not legal advice.
What a partition action is
A partition action is a lawsuit one co‑owner (a cotenant) files to divide real property that is jointly owned. In New York, a co‑owner may sue for partition in the Supreme Court of the county where the property is located. The statutory framework for partition actions is contained in Article 9 of New York's Real Property Actions and Proceedings Law (RPAPL). See RPAPL Article 9: https://www.nysenate.gov/legislation/laws/RPAPL/A9 and RPAPL §901 (right to partition): https://www.nysenate.gov/legislation/laws/RPAPL/901.
Step‑by‑step overview
- Confirm ownership and interest type. Determine how title is held (joint tenancy, tenancy in common, or ownership under an estate). If your parents' house passed to heirs, the ownership shares may be tenants in common (each owner has a fractional share). Collect the deed, will, death certificates, and any probate or letters testamentary.
- Try to resolve the issue outside court first. Courts prefer parties try settlement or mediation. You can demand that your sibling buy your share, offer a price, or propose sale and splitting net proceeds. Keep written records of offers and refusals.
- Prepare and file the partition complaint. If negotiation fails, a cotenant files a complaint in New York Supreme Court asking for partition. The complaint typically: identifies all owners and interested parties; describes the property and each party's claimed share; alleges that partition is proper; and requests either partition in kind (dividing the land) or, if division in kind is impracticable, partition by sale and allocation of proceeds.
- Join all necessary parties and serve them. All persons with an interest in the property must be joined as defendants and properly served so the court can divide rights and proceeds equitably.
- Court determines whether partition in kind is practicable. New York law favors partition in kind (physically dividing land) when feasible. If the court finds division would be impractical, inequitable, or would substantially diminish value, the court will order sale instead. See RPAPL §903 describing partition in kind and sale preference: https://www.nysenate.gov/legislation/laws/RPAPL/903.
- Appointment of a referee or commissioner. The court often appoints a referee or commissioner to survey, determine boundaries, manage any partition in kind, advertise and conduct a sale of the property, and report results to the court. The referee handles the mechanics of sale and distribution.
- Sale or buyout options.
- If the property is sold, the court orders a public sale or directed sale procedure; sale proceeds are applied to liens, costs, and then divided among co‑owners by their ownership shares (with adjustments for contributions). Courts follow statutory and equitable rules in allocating proceeds.
- A co‑owner who wants to keep the property can make an offer to buy out the others before sale or during the court process. Courts will often permit a buyout — either by agreement among the cotenants or by court‑supervised appraisal and sale to the co‑owner — but the court will ensure the price and process are fair to all owners.
- Accounting and credits. The court accounts for rents, profits, mortgage payments, taxes, and necessary repairs. A co‑owner who paid more than their share for mortgage, taxes, or improvements may be entitled to credit against the distribution. Conversely, a cotenant who received rent or used the property exclusively may owe an accounting. RPAPL contains procedures governing distribution and accounting within the partition process. See RPAPL Article 9: https://www.nysenate.gov/legislation/laws/RPAPL/A9.
- Final judgment and distribution. After the referee reports and the court confirms the sale or partition, the court enters a judgment directing distribution of proceeds and transferring title (if appropriate). The timeline can range from several months to over a year depending on complexity, contested issues, title problems, and appeals.
Practical considerations and likely outcomes
– The court generally prefers partition in kind unless dividing the property would be impractical or would destroy value (for example, a single house on a single lot cannot meaningfully be split into equal homes).
– If partition in kind is impractical, expect a court‑ordered sale. A buyout is possible if a co‑owner can produce funds or reach an agreement on price. The court may require an appraisal or auction process to fix market value.
– Expect adjustments for contributions: if you paid mortgage, taxes, or made improvements, you may receive credit, which affects your net share at distribution. Conversely, if another cotenant has been exclusively occupying the property or collecting rents, that may reduce their share.
Where partition actions are filed and timing
Partition actions are brought in the New York Supreme Court in the county where the property sits. Timing varies. If the title or parties are disputed (missing heirs, lienholders, or claims by third parties), the process can take significantly longer.
When to get a lawyer
You should strongly consider hiring a lawyer if:
- Title and ownership are unclear (missing heir or conflicting deed language).
- There are liens, mortgages, or third‑party claims against the property.
- Your sibling contests the amount you say you contributed, or you want the court to account for unequal contributions or occupancy.
- You want to negotiate a buyout or structured settlement rather than a sale.
An attorney experienced in New York partition law can prepare the complaint, handle service and joinder, manage settlement talks or mediation, advise on valuation methods, and represent you in court through referee reports and distribution hearings.
Statutes and official resources
RPAPL Article 9 (Partition): https://www.nysenate.gov/legislation/laws/RPAPL/A9
RPAPL §901 (Right to partition): https://www.nysenate.gov/legislation/laws/RPAPL/901
RPAPL §903 (Partition; in kind vs sale): https://www.nysenate.gov/legislation/laws/RPAPL/903
New York State Unified Court System: https://www.nycourts.gov/
Disclaimer: This is general information about New York law and does not constitute legal advice. For advice specific to your situation, consult a licensed New York attorney.
Helpful Hints — Practical checklist and tips
- Gather these documents before contacting a lawyer: deed, will, death certificates, mortgage statements, property tax bills, insurance policies, lease agreements (if rented), and records of any payments you made for mortgage, taxes, or repairs.
- Confirm how title is held (deed language matters). If the deed names owners as joint tenants with right of survivorship, the surviving joint tenant may own the whole property automatically; if tenants in common, each owner has a divisible share.
- Send a written demand to your sibling proposing a buyout or sale split before filing suit — courts like to see you tried to resolve the matter amicably.
- Consider mediation: many New York courts or private mediators can help settle buyout price or sale terms faster and cheaper than litigation.
- Get a current appraisal before filing suit if you want to support a buyout offer or estimate likely proceeds from sale.
- Be prepared for costs: court fees, referee fees, appraisal and broker fees, and attorneys' fees can reduce net proceeds. Discuss fee allocation with counsel early.
- If you are trying to prevent a sale (because you want to keep the house), line up financing or an appraisal to support a buyout offer quickly.
- Watch for liens and mortgages: a mortgage must be paid or assumed at sale; priority claims will come off sale proceeds first.
- Timeframes vary: uncontested partitions move faster; contested matters (title disputes, missing heirs, contested credits for improvements) slow the process.
- If family dynamics are difficult, consider an attorney who also has experience handling sensitive family property disputes and negotiating buyouts to reduce emotional conflict and legal expense.