New York: What a Dismissal With Prejudice Means in a Partition Case
Detailed Answer Short explanation: A judge’s dismissal “with prejudice” means the court has closed the partition lawsuit and treated the dismissal as a final decision on the merits. In practical terms, the plaintiff cannot refile the same partition claim between the same parties over the same property. The property ownership status generally stays as it […]
Read article →How to Force Sale or Division of Co-Owned Property with an Ex in New York
Options to Force Sale or Division of Real Property You Still Co-Own with an Ex in New York Short answer: In New York you can ask a court to partition the property (divide it physically or order a sale) under the Real Property Actions and Proceedings Law (RPAPL). You can also pursue negotiated options — […]
Read article →Selling a Co-Owned Property in New York to Cover Funeral and Property Tax Expenses
Can a co-owned property be sold in New York to pay funeral and property tax bills? Short answer: Yes — in New York, co-owners can sell jointly-owned property to pay funeral and property tax expenses. If co-owners cannot agree, one owner can ask a court to force a sale through a partition action. If an […]
Read article →New York: Filing a Partition Action to Force Sale of a Deceased Parent’s House
Detailed Answer Disclaimer: This is general information and not legal advice. Consult a licensed New York attorney about your specific situation before taking action. What a partition action is and when it applies A partition action is a court process that allows co-owners of real property to divide the property or force its sale when […]
Read article →Selling Property Through a Partition Action in New York
Detailed Answer Short answer: When co‑owners cannot agree on division or sale, one or more co‑owners can start a partition action in New York. The court evaluates whether the property can be divided in kind (physically) and, if not practicable, will order a sale. A court‑appointed referee usually handles valuation and the sale, and the […]
Read article →Buying Out Co-Owners in a New York Partition Case: How to Make an Offer Before Court-Ordered Sale
Disclaimer: This article is educational only and is not legal advice. Consult a licensed New York attorney before making binding offers or filings. Detailed Answer When co-owners seek partition of real property in New York, the court can ultimately order the property divided in kind or sold and the proceeds divided. The procedure for partition […]
Read article →If Mediation Fails in New York: Next Steps for Partition and Probate Disputes
If Mediation Fails in a Partition or Probate Dispute — What Happens Next in New York Quick answer: If mediation does not produce a settlement, you generally go back into the court process. For a property partition dispute you (or your co‑owner) can file a partition action under New York’s Real Property Actions and Proceedings […]
Read article →New York — Can a Co‑Heir Be Required to Reimburse an Appraisal Before an Estate Buyout?
Detailed answer — When a co‑owner must reimburse an appraisal under New York law Short answer: usually no — you cannot force a co‑heir to reimburse an appraisal before a buyout unless the co‑heir agreed to pay or a court orders reimbursement. However, there are practical and legal pathways that can make you whole or […]
Read article →New York: If an Heir Refuses to Leave or Sell Their Share of Inherited Real Property
What to do when a co‑owner heir lives in inherited real property and won’t move or agree to sell (New York) Short answer: In New York the usual legal remedy is a judicial partition. A co‑owner who lives on the property cannot be forcibly removed simply because they occupy it — but you can ask […]
Read article →New York: Options When a Co‑Owner Asks the Court to Sell Property Without Buyout Terms
Understanding Your Options When a Co‑Owner Asks the Court to Sell Shared Property in New York Not legal advice. This article explains general New York law and common steps people take. Consult a licensed New York attorney for advice about your case. Detailed answer — what can you do if a co‑owner seeks a court‑ordered […]
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