Detailed answer — how forcing a sale works under New York law

1. First, confirm who actually owns the parcel

Before any legal step, do a title check. Look for a deed, recorded deed history, and whether the decedent’s estate has transferred the property. Key ownership forms and consequences:

• Tenants in common: Each owner holds an individual share that can be partitioned. A co-owner can seek a court-ordered partition or sale.
• Joint tenants with right of survivorship: Survivorship usually means the surviving owner becomes sole owner — no partition remedy against a sole owner.
• Tenancy by the entirety: Reserved for married couples — one spouse alone generally cannot be forced to convey, and a third-party partition is typically unavailable.

Statutory basis for partition

New York’s partition statutes give legal authority for partition actions. For example, RPAPL § 901 allows a person who owns property in common with others to compel a partition. The court may order a partition in kind (dividing the property physically) or, if in-kind division is impracticable, a partition by sale. See New York Real Property Actions & Proceedings Law (RPAPL) § 901 and § 903 for the court’s power to partition and to order sale when necessary: RPAPL § 901, RPAPL § 903.

2. Try negotiation and alternatives first (recommended)

Court cases take time and money. Before filing, consider:

• Sending a formal demand letter proposing sale or buyout.
• Offering a cash buyout based on an appraisal or broker’s opinion.
• Using mediation to reach a settlement that avoids litigation.
• Agreeing to employ a neutral broker and split net proceeds or expenses per an agreed written arrangement.

3. If negotiation fails: filing a partition action

If the property is owned as tenants in common and other options fail, you can file a partition action in the county where the property lies. What to expect:

• Complaint: You (the plaintiff) will file a complaint naming all co-owners and interested parties (including lienholders). The court will require proof of ownership and interest.
• Service and response: Defendants get served and may contest the action (disputing ownership shares, claiming improvements, liens, or asserting equitable defenses).
• Partition type: The court prefers partition in kind if practical. If the land cannot be physically divided fairly, the court will order a sale and divide the proceeds among owners according to interests and equitable adjustments.
• Sale mechanics: The court often appoints a referee or commissioner to sell the property (public auction or private sale supervised by the court). Net proceeds are distributed after liens, costs, and credits (for payments of mortgage, taxes, authorized improvements) are accounted for.

4. Possible defenses and complications

• If title passed by surviving joint tenancy or survivorship deed, the co-owner may already be sole owner — partition won’t apply.
• Pending probate or unresolved estate administration can complicate who has authority to be sued or to sell.
• Claims for reimbursement: A co-owner who paid mortgage, taxes, or made improvements can seek credits against the sale proceeds; the court will evaluate and allocate equitable adjustments.
• Liens and mortgages: Liens typically must be satisfied from sale proceeds, which affects net distribution.

5. Timeline and likely costs

Partition actions vary in length and cost depending on complexity and whether parties contest. Expect several months to over a year in contested cases. Costs include filing fees, service costs, appraisal fees, referee fees, and attorney fees. Legal fees vary widely; get a local attorney estimate early.

6. Practical next steps to prepare

1. Obtain recorded deed(s) and perform a title search (title company or attorney).
2. Check for existing mortgages, liens, unpaid taxes, or probate filings.
3. Get a current appraisal or broker price opinion to inform negotiations or a buyout offer.
4. Send a written demand or offer to the co-owner proposing sale terms or buyout; keep a record.
5. If you plan to sue, consult a New York real estate attorney experienced in partition actions to confirm ownership status and draft the complaint.

7. When you likely cannot force sale

You generally cannot force a sale if the property is owned as joint tenants with survivorship or as tenants by the entirety (for married couples) and a survivor claims sole title. If title issues are unclear, an attorney and title search can clarify rights.

8. How proceeds get divided

The court divides proceeds according to ownership shares shown by deed or proof, then adjusts for:

• Outstanding mortgage or judgment liens;
• Expenses of sale and court-appointed referee costs;
• Credits to owners who paid mortgage, taxes, or made improvements (if proven);
• Any court-ordered equitable allocations.

9. Where to find the law

Primary statutory authority: New York Real Property Actions & Proceedings Law (RPAPL), especially sections addressing partition: RPAPL § 901 and RPAPL § 903. For court procedure and filings, consult the New York Unified Court System or speak with a local attorney who handles partition actions.

10. When to hire an attorney

Get legal help early if title is unclear, other heirs contest ownership or contribution claims, large debts or liens exist, or relationships are strained. An attorney helps with title research, negotiation, drafting demand letters, and representing you in court if you file for partition.

Disclaimer: This article explains general legal principles under New York law and common procedural steps. It is educational only and does not constitute legal advice. Consult a licensed New York attorney about your specific facts before taking action.

Helpful Hints

• Gather key documents now: deed, death certificate, will, probate paperwork, mortgage statements, tax bills, and any written communications about sale offers.
• Get one or two independent market value estimates before making or accepting an offer.
• Keep records of any payments you made for taxes, insurance, mortgage, or improvements — these may yield credits at distribution.
• Consider mediation or a neutral broker to reduce costs and family conflict.
• Check title carefully: ownership form (tenants in common vs. joint tenancy) determines your options.
• Ask potential attorneys about experience with partition cases in the county where the property sits, likely timeline, and fee structure.
• If you decide to file, be prepared for possible counterclaims or claims to delay; patience and documentation help.