Detailed Answer — How a Co-Owner Can Force the Sale of a House in New York
If you co-own real estate in New York with two other people and you cannot reach an agreement about selling or keeping the property, New York law provides a court procedure called a partition action. A partition action asks the court to divide the property among owners or, when division is impractical, to order a sale and divide the sale proceeds. This is the usual legal route to force a sale when co-owners disagree.
Who can bring a partition action?
Any person who owns an undivided interest in real property (for example, tenants in common or joint tenants) may bring a partition action. The statutory entry point is RPAPL § 901, which explains who may maintain an action for partition. See the statute: N.Y. RPA § 901.
Where is the case filed?
A partition action is filed in the New York Supreme Court in the county where the property is located. The complaint must name all co-owners and any parties who hold liens or other interests affecting title.
What can the court do?
When physical division (partition in kind) is practicable, the court can order the property divided among the owners. When a fair and practical physical division is not possible — which is common with a single-family house on a single lot — the court will order the property sold and the proceeds divided. The statute that authorizes sale when partition in kind is impractical is RPAPL § 904: N.Y. RPA § 904.
Typical steps in a New York partition action
- Prepare and file a complaint in Supreme Court asking for partition or sale; name all owners and lienholders.
- The court issues process and the defendants are served. Parties may respond and raise defenses or counterclaims (ownership disputes, claims for contribution, etc.).
- The court may appoint a referee or commissioner to evaluate the property and handle sale logistics.
- If the property is sold, the referee typically conducts a public sale (auction) or private sale subject to court approval.
- After sale, the court supervises payment of mortgages, liens, sale costs, taxes, and any credits or charges allocated to the co-owners, then distributes the remainder according to ownership shares.
What about credits, liens, rents, and improvements?
The court can account for the parties’ financial contributions and obligations. For example, if one co-owner paid more mortgage, taxes, repairs, or invested in improvements, the court can adjust the distribution of sale proceeds to reflect equitable contributions and offsets. Likewise, lienholders (mortgages, judgment liens) must be paid from the sale proceeds before owners receive their shares.
Can a co-owner buy out the others to avoid a sale?
Yes. Prior to or during a partition action, co-owners can agree that one owner will buy the others’ interests. This often avoids litigation and sale costs. If co-owners cannot agree, the court-ordered sale is the backstop.
Timeframe and costs
Partition actions vary in length. Simple uncontested cases can resolve in a few months; contested cases with title disputes, complex credits, or objections to sale procedures may take longer. Expect court costs, referee fees, appraisal costs, and attorneys’ fees (the court may allocate some costs, but parties are generally responsible for their attorneys unless the court orders otherwise).
Hypothetical example
Three people co-own a house as tenants in common, each with a one-third interest. Two owners want to sell; the third refuses. An owner who wants the sale can file a partition action under RPAPL § 901, asking the Supreme Court in the county where the house sits for a partition and, if necessary, for a sale under RPAPL § 904. If the court finds physical division impracticable, it will order a sale and appoint a referee to sell the property and distribute the proceeds after paying liens and costs.
Key statutes: RPAPL § 901 (who may maintain partition): https://www.nysenate.gov/legislation/laws/RPA/901; RPAPL § 904 (sale when partition in kind impracticable): https://www.nysenate.gov/legislation/laws/RPA/904.
This is not legal advice. Laws change and courts exercise discretion. Consult a licensed New York attorney to evaluate your specific facts before taking action.
Helpful Hints — Practical Steps and Documents to Prepare
- Confirm ownership type and shares (review the deed).
- Collect documents: deed, mortgage statements, tax bills, insurance policies, HOA documents, rent receipts, expense records (repairs, improvements), and any written co-owner communications about sale or offers.
- Try negotiation or mediation first — court costs and time often make settlement the best route.
- If you consider buying out co-owners, get a professional appraisal and evidence of available financing.
- Before filing, identify lienholders (mortgages, judgments) and prepare to name them in the complaint.
- Expect the court to appoint a referee; be prepared to cooperate with inspections and appraisals.
- Budget for legal fees, referee fees, advertising and sale costs, and clearing title issues that could delay sale.
- Keep records of payments you make for mortgage, taxes, or repairs — the court may give you credit for those expenditures.
- Consult a New York real estate attorney to draft the complaint, handle service, and protect your interests during sale and distribution.