Partition-for-Sale in New York: How to Force Sale When Siblings Won’t Cooperate

Short answer: In New York you can file a partition action in the Supreme Court in the county where the property lies. If a physical division (partition in kind) is impractical, the court can order a partition-by-sale and force the sale over the objection of minority co-owners. This article explains how the process works, what steps to take before and after filing, and what to expect.

Disclaimer

This page is informational only and is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed New York attorney.

Key New York law

Partition actions in New York are governed by the Real Property Actions and Proceedings Law (RPAPL), commonly cited as RPAPL § 901 et seq. (see: N.Y. RPAPL — Partition and Related Provisions).

Detailed Answer: Step-by-step under New York law

1. Confirm ownership and legal interests

Start by confirming the chain of title: recorded deed(s), wills or probate orders, survivor rights, mortgages, liens, and any recorded agreements. Partition suits name all persons with an ownership or recorded interest in the property. If the property was inherited, bring the will/probate papers or the intestacy record.

2. Try a voluntary resolution first

Court action is often costly. Before filing, try these approaches: a buyout offer (using a recent appraisal or broker price opinion), mediation, or listing the property for sale with an agreement that proceeds will be divided. Document all offers and communications.

3. Prepare to file a partition action in Supreme Court

If negotiations fail, the next step is to file a partition action in New York State Supreme Court in the county where the land is located. The complaint should:

• Explain each party’s interest in the property (how ownership was acquired).
• Pray for relief: an account of rents and profits (if applicable), partition in kind if practicable, and if not practicable, partition by sale.
• Ask for appointment of a referee or commissioner to carry out the partition and sale, and for distribution of sale proceeds after payment of liens, taxes, and costs.

You must name and serve all co-owners and anyone with a recorded interest (mortgagees, judgment lienholders, tenants with leases) so the court can finally resolve title.

4. Service and preliminary procedures

After filing, you must properly serve the summons and complaint on the defendants under the CPLR (Civil Practice Law and Rules). Defendants have a chance to answer or make counterclaims. The court may schedule preliminary conferences. Expect discovery requests about title, tax bills, rents, and expenses.

5. Partition in kind vs. partition by sale

New York courts prefer partition in kind (physically dividing the property) when it is fair and feasible. If division would be impracticable or inequitable (e.g., a single-family home, small irregular lot, or farm improvements), the court can order a sale. The governing statutes and case law allow the court to determine which remedy is appropriate (RPAPL § 901 et seq.).

6. Appointment of a referee and sale process

If the court orders sale, it typically appoints a referee or commissioner to handle the sale process. The referee will (depending on the court order) arrange an appraisal, advertise the sale, hold the sale (often a public auction), and report back to the court. The court must approve the sale and confirm it before proceeds are distributed.

7. Paying liens, costs, and distribution of proceeds

From sale proceeds the referee/court pays mortgages, recorded liens, unpaid property taxes, and court-allowed costs (advertising, referee’s fees, and sometimes counsel fees). Net proceeds are divided among co-owners according to their ownership shares. If a co-owner claims an offset or lien (for payments they made to preserve the property), the court will resolve those claims before distribution.

8. Timeline and likely costs

There is no fixed timeline. A straightforward uncontested sale might take several months; a contested partition with litigation, discovery, or appeals can take a year or more. Costs include court filing fees, service fees, referee/commissioner fees, appraisal and advertising costs, and attorneys’ fees. The court may allocate some costs to the losing or obstructing party in some circumstances.

9. Options if you want to keep the property

If you want to keep the property, you can attempt a buyout: obtain a fair market value (appraisal), offer to buy out the minority owners for their pro rata shares plus a share of closing costs and any allowable credits. The court may allow a co-owner to purchase the property at sale by bidding at the public sale or by obtaining a referee’s or court-ordered appraisal-based buyout if parties agree.

10. When minority co-owners try to block sale

A minority co-owner cannot prevent a partition action. Once properly served, the court has authority to order sale despite objections. The objecting co-owner can present defenses (e.g., equitable claims, resulting trusts, adverse possession claims by others, or liens) but cannot indefinitely block the process if their objections lack merit.

Helpful Hints

• Gather documents before filing: deed, probate papers, tax bills, mortgage statements, leases, and any contracts related to the property.
• Get at least one professional appraisal early to support valuation and buyout negotiations.
• Consider mediation before filing; many courts encourage or require settlement efforts.
• If tenants occupy the property, collect rent records and leases. The complaint can seek an accounting of rents and profits.
• Ask the court to appoint a receiver if the property is wasting or if critical expenses (taxes, insurance) need payment to preserve value.
• Expect to name mortgage lenders and lienholders as defendants so their interests are resolved in the action.
• Budget for court and referee costs — these are usually paid out of sale proceeds but can be significant and affect net recovery.
• Talk with a New York attorney who handles partition cases to review your file and explain local Supreme Court practices and likely outcomes.

Next practical steps

1. Collect ownership documents and a recent deed copy from the county clerk’s office.
2. Get an appraisal or broker price opinion to establish value.
3. Make a written buyout offer to the holdout owners, documenting the offer and any appraisal relied upon.
4. If the offer fails, consult a New York real property litigator to draft and file a partition complaint in Supreme Court.

For the statutory framework, see N.Y. RPAPL provisions on partition at: https://www.nysenate.gov/legislation/laws/RPAPL. For court-specific filing information, visit the website of the New York State Unified Court System: https://www.nycourts.gov/.

Remember: the above describes common practice under New York law but does not replace legal advice tailored to your facts. If you proceed, talk to an attorney who can evaluate title, prepare pleadings, and represent you in court.